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1990-08-07 CC PacketVlly VI JVUl11101%V, I VAC17 M E M O R A N D U M August 3, 1990 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest August 7, 1990, City Council Meeting ------------------------------------------------------------- 1. Work Session Agenda Item No. 1. COG Presentation of Mobility 2010 report. Dan Kessler from the COG will be here to discuss the status of the NCTCOG Transportation Committee recommendation to the COG Council. The COG staff requested to appear during the work session, rather than the regular meeting. They have indicated their presentation will take approximately 5 minutes. Please note the attached notice and minutes concerning the Regional Transportation Committee. 2. Agenda Item No. 6. Chimney Hill Phase II Final Plat extension. We informed you of this request in my July 13 letter. Our subdivision rules allow the City Council to extend the expiration date of an approved plat for up to one (1) year. 3. Agenda Item No. 7. Resolution 90-57 Authorizing a Southlake resident to purchase raw water from the City of Dallas. Mr. Rod Johnson, 4545 N. White Chapel, recently approached the City of Dallas to purchase raw water from Lake Grapevine for domestic use. We currently have no water service to the area. The City of Dallas requires City of Southlake consent to the sale since the property is located within the City of Southlake. Staff foresees no problems in consenting to the sale given the circumstances. We would like you to be aware, however, that the situation immediately before you has broader policy implications, which is why the City of Dallas requires the consent of the other City when the property seeking to be served by City of Dallas water is within another incorporated City. The issue involves the right of a water supplier to sell water within the CCN (Certificate of Convenience and Necessity) of another City. If we authorize one of our customers (or potential customers) to purchase water from another water supplier, we may find ourselves in a position of having to decide whether or not to allow others to purchase water similarly. If in the future a large landowner (i.e., developer) wants to purchase water from Lake Honorable Mayor and Members of City Council Agenda Item Comments August 3, 1990 Page 2 Grapevine, (because the raw water is cheaper water than our treated water) but we want to extend our water lines to the area and be the sole supplier of water to help offset our system costs, we may be faced with a legal challenge over the issue of precedence --the question of similar situated circumstances --if we deny the request. The situation may not be too far removed. There have been several "rumors" of potential large-scale development around the lake. For this reason, we have structured the consent of sale required by the City of Dallas to where the City Council by resolution consents only for as long as City of Southlake water is not available. Mr. Johnson has said this is acceptable. 4. Agenda Item No. 8. Street Dedication by Austin Oaks Developer. You just thought this one was behind us. The City of Grapevine is now requiring the Austin Oaks developer to dedicate the street to the City of Southlake. This is not the temporary access road you previously approved. This is a dedication of the roadway as proposed in the preliminary_ plat approved previously. This is not the final plat, however, it may be considered by some tantamount to it insofar as the roadway is concerned if future property owners contiguous to the street right-of-way read the dedication as an obligation on the City's part to construct the street. We have requested the developers to include wording in the instrument which specifically provides that the owners of the property on either side of the right-of-way be responsible for constructing the street in accordance with our subdivision regulations. Currently, the Austin Oaks developer owns the property. My concern is what happens if the developer sells the property with the dedication in place. If this question is resolved, the item by now should be a consent agenda item. 5. Agenda Item No 11. Report on Water Rate Study. The Consultants will need approximately 15-30 minutes to review where we are to date, and get a consensus on several conceptual points (e.g., minimum bill vs volume charge). The consultants hopefully will have met again with the Council/staff committee before Tuesday night. 6. Agenda Item No. 13. Ordinance No. 480-24 concerning zoning change on FM1709 east of Diamond Circle. Note memo from Karen Gandy, Zoning Administrator, indicating this zoning action will require four affirmative votes to approve. Honorable Mayor and Members of City Council Agenda Item Comments August 3, 1990 Page 3 7. Agenda Item No 15. Final Plat of Sword Addition. We have discussed this at length with the Haverkamps. Concerning the storage tanks, they have agreed to dedicate all but that portion wherein the storage tanks are situated, and show on the plat that the portion containing the tanks will be reserved for future right-of-way. We are concerned about the potential liability with the tanks in place if we accept full dedication. Legally, the City can require the dedication, and the City can require the tanks be removed prior to acceptance. The Havercamps were supposed to close on the property yesterday afternoon. They are supposed to come into the office and sign the letter of agreement (copied on blue paper in your packet, immediately in front of the plat) to accept responsibility for the tanks. We could require an indemnification letter and accept the full dedication, but in reality the City would still be the entity held responsible if an environmental hazard were to result from the storage tanks if left in place. Thus, we would ask you to consider the final plat conditional upon the applicant field locating the tanks, and indicating on the plat (before recording) the area to be reserved for future right-of-way. 8. Agenda item No 17. Final Plat SouthRidge Lakes Phase III (Arvida). Sean Randall met with Mayor Fickes, Mayor Pro Tem Springer, Public Works Director Mike Barnes, and me Thursday afternoon to discuss the Arvida park dedication fees. Arvida would like to settle all of their park fees at this time. They have indicated that they would like to receive full 50o credit for the amenities as provided in the park dedication ordinance. Additionally, they would like to offer something in lieu of the balance of their fees to include credit for the approximate $25,000 they have spent for pumping fees that, according to our developers agreement with Arvida, we have been responsible for since April 1, 1990. 9. Agenda Item No. 18. Replat in Cedar Oaks. Note from Karen's memo that this item is a protest item requiring four affirmative votes for approval. 10. Agenda Item No. 19. Subordination of Mechanic's Lien on 1320 Blue Teal Court. In 1980 the City agreed to pay $2,000 toward the cost of a septic system on 1320 Blue Teal Court, as a demonstration project. Honorable Mayor and Members of City Council Agenda Item Comments August 3, 1990 Page 4 Apparently this was to encourage development in the subdivision until the sewer system was built. The owner, Don Teer, consented to an interest free loan and lien on the property to be paid in full in 15 years. Recently, Mr. Teer has applied for a Texas Veterans Land Board loan to improve his house. He requested that we subordinate the lien since the VLB requires a second lien. Mr. Teer has agreed to pay $20/month on his water bill, and the balance due on January 27, 1996, in exchange for the subordination agreement. Without getting into the merits of the initial loan by the City, I would recommend that we agree to the subordination agreement so that Mr. Teer can proceed with the VLB loan. I had the attorneys prepare the letter of agreement included in your packet. 11. Agenda Item No. 20. Amendment to Ordinance No. 440. Septic Systems. This is a troublesome issue, however, we do need to get it off center so that we can resolve the issue of people being unable to use their property for residential use in a residential area. 12. Agenda Item No. 23. Proposed FY90-91 Budget. We have effectively reduced another penny from the proposed rate. We will outline these next Tuesday. Other Items of Interest 13. Continental Park Estates Sewer Update. As of today, we have received responses from forty (40) of the seventy (70) property owners in the neighborhood. Of these, five (5) have paid in full ($2,078), another twenty-seven (27) have indicated they intend to pay in full, four (4) have indicated they intend to sign the promissory note, and four (4) have indicated that either they cannot or otherwise will not participate. Thus we have received commitments to $70,652 of the $105,000 we have said we need from the neighborhood in order to proceed. Today we have mailed follow-up letters to those we have not heard from in the neighborhood. Additionally, we have mailed a letter to those who indicated they intend to pay or sign the promissory note, but have not to date, indicating that we need to receive payments by August 31 in order to proceed. 14. Bid on City Hall Portable Building. Thursday we received the bids for the portable building. The apparent low bidder is AMTEX Corporation of Garland at a base bid of $64,234. Mike Barnes, Public Works Director, is in the process of reviewing the bids. Honorable Mayor and Members of City Council Agenda Item Comments August 3, 1990 Page 5 The bids are good for 45 days. On September 4th we will sell the C.O.s, and award the bid. It is projected that we will receive our money from the sell of the bonds by September 25. 15. Please note the attached letter from Chief Steele. He will be out until approximately the last week of August. During his absence Lt. Stewart has been designated by Chief Steele to be Officer in Charge. Lt. Stewart was appointed since he is the most experienced of the junior officers and since he works a forty hour work week, not on shift. It was felt that the officer in charge needs to be a full time employee. David Barnes only works on Mondays. His first obligation is to DFW Airport. Given this, Bob felt it was inappropriate to appoint David as OIC. I concur with Bob's action. Bob is going into the hospital for hernia surgery. 16. Note the letter from the DFW Airport Board concerning the draft environmental impact statement. I have not yet had the opportunity to review. It is in my office should you wish to review. 17. Note the letter from the Texas Air Control Board concerning the air sampling on Mr. Brown's property. CEH/kb MRegional . Transportation ®. Counc� P.O. Boot 5888 • Arlington, Texas 76005-5888 • (817) 640-3300 FROM: Gordon A. Shunk Director of Transportation TO: Mayors of Communities in the Dallas -Fort Worth Urbanized Area and Interested Parties_ SUBJECT: Notice of Meeting - August 9, 1990 DATE: August 2, 1990 The next meeting of the Regional Transportation Council will convene at 9 a.m. on Thursday, August 9, 1990 in the Executive Board Room of the North Central Texas Council of Governments, 616 Six Flags Drive (Centerpoint Two), Suite 200, Arlington. The minutes of the July 12, 1990 meeting and a summary agenda of the items to be addressed are enclosed. Ims Enclosures The Transportation Policy Body for the North Central Texas Council of Governments (Metropolitan Planning Organization for the Dallas -fort Worth Region) AGENDA REGIONAL TRANSPORTATION COUNCIL August 9, 1990 Executive Board Room North Central Texas Council of Governments 1. Approval of Minutes (Action): The minutes of the July 12, 1990 meeting are included as Reference Item 1. Approval of the minutes is requested. 2. Progress Reports: Progress Reports are provided as Reference Item 2 on the following activities; there will be no presentation on this item unless requested: • New Federal Volatility Regulations • Railroad Maintenance and Operations Handbook • Regional Airport System Plan 2010 3. 1990 Transportation Improvement Program (TIP) Highway Section Amendment (Action) - Mark Young District 18 requested to reschedule $500,000 in right-of-way funds on Interstate Highway 30 at Meyers Road (Project #ST18-2150). These funds will be used for utility adjustments in preparation for the proposed November letting of the construction project. Reference Item 3 contains additional information. The Highway Technical Committee recommends approval of this amendment. 'N! 4. Resolution Approving Mobility 2010: The Regional Transportation Plan (Action) - Gordon Shunk Efforts have been completed on Mobility 2010: The Regional Transportation Plan for North Central Texas. NCTCOG staff will provide a summary of the Plan and request adoption by the RTC. A draft copy of the text and proposed resolution is included in Reference Item 4. 5. Status Report on Future Federal Transportation Program (Information) - Gordon Shunk The Transportation Alternatives Group, working on Transportation 2020, has prepared general guidelines for a future federal transportation program. Comments on recommendations and the future program are Reference item 5. 6. Satellite Airport Development Project - Phase I Recommendations (Action) - Julie Dunbar In July the initial results of the Satellite Airport Development Project were presented to the Regional Transportation Council as information. Since that time, the consultant on the project, KPMG-Peat Marwick, has prepared a specific list of recommendations that summarize the results of this first phase of the Project. A copy of these recommendations is included here as Reference Item 6. The recommendations indicate the need for NCTCOG to sponsor Phase 2 of the Program, in order to continue the development of future air carrier airport capacity in the North Central Texas region. These recommendations will be reviewed for the Council, and endorsement will be requested at the meeting. 7. Other Business (Old or New): This item provides an opportunity for members to bring items of interest before the group. A status report on the demographic revisions requested by Fort Worth will be presented. 8. Next Meeting: The next meeting of the Council is scheduled for Thursday, September 13, 1990, at 9 a.m. in the NCTCOG Executive Board Room. MINUTES REGIONAL TRANSPORTATION COUNCIL July 12, 19M The Regional Transportation Council met on July 12, 1990 at 9 a.m. in the Executive Board Room of the North Central Texas Council of Governments. The following members or representatives were present: Jim Alexander, Ruben Avelar, Jerry Bartos, Glenn Box, Sam Cohn, Kevin B. Miller (representing Richard Davis), Terry Grisham (representing Roy English), Ed Galligan, John Blain (representing James Huffman), Jim Jackson, Nancy Judy, George Kemble, Dottie Lynn, Art Martin. Dan Matkin, Randy Randle, Gary Slagel, Rondel Fagan (representing J. R. Stone), George Venner, Lee Walker, and Mark Wolfe. Others present were: Mildred Ellis -Farmer, Bruce McClendon, Charles Keynejad, Mark Hannon, Jerry L Hodge, Curtis Hawk, Darrell Thompson, J. Kent Bell, Paul Stranz, Mamie Stranz, Dennis Bum, Arnold Martin, Mildred Cox, Jane Sanford, Bill Ceverha, Dave Fox, Rids Svehla, Jim Driscoll, Harold Bastin, Jon Woegt, Dave Davis, Jim Street, Joyce Morgan, Michael W. Copeland, Mark A. Young, Bob O'Neal, Ron Thorstad, Don Penny, George Human, Rich Larkins, Tom Walton, Donna R. Parker, John Higinbotham, John Quinn, Marshall Elizer, George Purefoy, David Griffin, Dave Blair, Linda Wise, Julie Dunbar, Dan Kessler, Michael R. Morris, Wes Beckham, and Gordon Shunk. Vice Chairman Galligan introduced new member Ruben Avelar, Councilmember, City of Garland. Minutes: The minutes of the June 14, 1990 meeting were approved as submitted. Nancy Judy (M); George Venner (S). Unanimous. r 2. Progress Reports: There was no discussion of this item. 3. Mobility 2010 Plan: Gordon Shunk asked if there were any changes to the summary of the June 14, 1990 local government hearing on the Mobility 2010 Plan. Nancy Judy noted that the testimony of Dallas County did not "support" comments in the letter from Garland, merely made known the fact that the letter existed. The Council took action on individual major issues as follows: e - North Tarrant County Freeway/Strategic Regional Arterial - Strategic Regional Arterial from State Highway 360 to Fort Worth city limits and Future Freeway from Fort Worth city limits to Interstate Highway 35W. Jerry Bartos (M); George Kemble (S). Unanimous. e Strategic Regional Arterial System - The needed Strategic Regional Arterial System will be presented with comments in the text regarding the range in possible levels of improvement. Jerry Bartos (M); Glenn Box (S). Unanimous. • DART Light Rail System - 40 miles of Phase 1 Light Rail and 26 miles of Phase 2 Light Rail. Jerry Bartos (M); Dottie Lynn (S). Amendment - The Regional Transportation Council recognizes that DART is working toward the goal of implementing a regional transit system, applauds their efforts, and encourages them to move forward as expeditiously as possible. Jim Alexander (M); Jim Jackson (S). Nine for, eight against. MEMORANDUM August 1, 1990 TO: Curtis E. Hawk, City Manager FROM: Robert Steele, Chief, Fire Department SUBJECT: Absence from Duty I will be entering the hospital on Tuesday, August 7, 1990. My expected hospital stay will be four to five days, with a recuperation period at home of approximately two to three weeks. I am hoping to return to limited duty on or about August 22nd or 23rd. If there is any change in this schedule, I will notify you as soon as possible. Lt. Roger Stewart will be the Officer in Charge during my absence. He will be in charge of payroll and the issuance of all purchase orders. Lt. Stewart has been instructed to issue purchase orders on all incoming current bills and any emergency repairs are to be taken care of immediately. While I am gone, Chief Campbell will sign and approve all Fire Department purchase orders. If for some reason Chief Campbell has to leave the city, I have given Lt. Stewart the authority to approve all purchase orders. If he has any questions, and Chief Campbell is not available, he will contact you. RS/mr cc: Lt. Roger Stewart Chief Billy Campbell Dallas/Fort Worth International Airport Board BOARD S101BERS Louis 1 Zapata l7... William L Coop m vice chsimum 1 Jan collawc smemy Mayor Bob Bolen Mayor Annette Swum Billy !L Allen James P. Christon Robert X Martin John 1 Montoya Pete Scbenw Bart c Williams July 30, 1990 Mr. Curtis E. Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, Texas 75092 Dear Mr. Hawk: We are pleased to let you know the Draft Environmental Runways 16/34 East and 16/34 West at Dallas -Fort Worth complete and ready for public review and comment. Impact Statement (DEIS) for International Airport is now Enclosed is a copy of the DEIS for your information. The documents will also be available at the Airport and at other city locations, for the convenience of citizens in your community. A complete listing of these locations is attached and will be published in area newspapers. After the public has had the opportunity to review this comprehensive document for a minimum of 45 days, DFW Airport and the Federal Aviation Administration will hold public hearings on the DEIS. The hearings will be held in September, and we will let you know the exact time and location as soon as final arrangements are confirmed. If you need additional information or if we can answer any questions, please contact the DFW Airport Action Center at (Metro) 214-57443970, and we will be glad to assist you. Sincerley, Louis Chairman, DFW Airport Board Oris W. Dunham, Jr. Executive Director Administrative Offices -East Airfield Drive (214) 574.8888 PO, Drawer DFW, DallavFort Worth Airport, Texas 75261 Texas Air Control Board AusTuv 1VI�oxArmu vi ° Texas To: Melvin Lewis, Director, Region 8 FROM: Marcia Willhite, Health Effects (hTvk-* DATE: July 12, 1990 SUBJECT: Effects Evaluation of Sampling at Brown Property ACL #6511 The results of sampling conducted on the Brown property, downwind of the flare at Conoco gasoline terminal have been received and reviewed. One 30-minute sample was collected. The concentrations of detected compounds are listed below compared to the applicable effects screening level (ESL). 30-minute Avg. 30-minute Compound Concentration ESL (ppb) (ppb) ------------------------------------------------------------ benzene 1 10 toluene 1 990 1,1,1-trichloroethane 0.1-0.5 3425* alkanes 6 820 ------------------------------------------------------------ * the ESL for butane, a typical alkane Since the concentrations detected are well below the ESL for all compounds, I would not expect adverse health effects from exposure to these concentrations. If you have any questions or require additional information, please contact me. RECEIVED JUL 201990 REGION 8 TEXAS AIR CONTROL BOARD CC: Walter Bradley, Doyle Pendleton, Scott Mgebroff, JAW, TD, JSL, MW, board / F0&%1 W. AC7-]! Partial List of Cities with Consolidated Police and Fire Services as of 1989 City Population Year Services Consolidated Winston-Salem, NC 133,000 1957 Sunnyvale, CA 108,000 1950 Chesapeake, VA 104,000 1969 Durham, NC 102,000 1971 Clifton, NJ 83,000 1968 Evanston, IL 75,000 Ft. Lauderdale, FL 63,000 N. Little Rock, AR 60,040 1976 Elgin, IL 48,000 St. Louis Pk, MN 47,000 1964 Champaign, IL 46,000 Waukegan, IL 46,000 Ritchfield, MN 43,000 1973 Spartanburg, SC 41,600 Oak Park, MI 35,000 1954 Maple Heights, OH 35,000 Burnsville, MN 35,000 1967 Gladstone, MO 30,000 1968 'Kalamazoo, MI 29,700 1983 Chicago Heights, IL 29,000 Highland Park, MI 28,500 1985 Park Forest, IL 28,000 West Jordan, UT 27,000 1980 Chapel Hill, NC 25,537 1975 Edina, MN 25,000 JOHN E. LEVITT ENGINEERS, INC. ENGINEERS • PLANNERS �w726 COMMERCE • SUITE 104 • SOUTHLAKE, TEXAS 76092 • (817) 488-3313 August 2, 1990 TO: The Honorable Mayor and City Council City of Southlake FROM: Sean Randall, Vice President Arvida/JMB Partners, L.P. II aria John E. Levitt, P. E. RE: SouthRidge Lakes, Phase III Southlake, Tarrant County, Texas On behalf of SouthRidge Lakes and two very old oak trees (24" diameter and 60 years, plus), we respectfully request your approval of the attached alternate layout for the end of Donley Court. The alternate layout will allow us to preserve two very beautiful oak trees and maintain the integrity of the three lots this revision affects. The three lots will have 100' widths at the building line as shown. We sincerely appreciate your consideration of this alternate layout. Very truly yours, Sean Randall John E. Levitt JEL:al Enclosure M E M O R A N D U M August 1, 1990 TO: HONORABLE MAYOR FICRES AND CITY COUNCIL MEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: VOTE 190, A campaign To Encourage Texans to Vote ------------------------------------------------------------- Mayor Fickes received a letter from Secretary of State, George S. Bayoud, Jr., as Texas' Chief Elections Officer, encouraging all Texans to participate in the electoral process by voting. His office has launched VOTE 190, a non -partisan, statewide voter registration/education campaign. He states, during the first phase of VOTE 190, registration and turnout in the primary elections reached record highs. But, despite the success, there remains nearly 4 million eligible Texans who are not registered tQ vote. The Secretary of State asked that all cities participate in some way, by encouraging Texans to register to vote. 4,1x, LL/sl / 0 0 City of Southlake, Texas RESOLUTION NO.90-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS. WHEREAS, it is the fundamental responsibility of every Texan to participate in the electoral process by exercising his or her constitutional rights; and, WHEREAS, a democracy's most precious gift to its citizens is the right of participation, the right to vote; and, WHEREAS, the Texas Secretary of State's offices is actively promoting voter registration and participation through the VOTE '90 campaign; and, WHEREAS, the VOTE '90 program is promoting voter registration for the November 6, 1990 general election; and, WHEREAS, October 7, 1990, marks the deadline for Texans to register and vote in the November 6, 1990 primary elections; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: the City Council of the City of Southlake, Texas, hereby urges Texans, who have not already done so, to register between now and October 7, 1990, and vote in the November 6, 1990 general election. PASSED AND APPROVED this the day of ATTEST: Sandra L. LeGrand City Secretary S" CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor City of Southlake, Texas - M E M O R A N D U M July 31, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Chimney Hill, Phase II Final Plat Attached please find a copy of a letter from John Levitt on behalf of Warren Clark Development requesting an extension of the Final Plat of Chimney Hill, Phase II. This phase was approved by the City Council on August 15, 1989. I have also attached a copy of Section 4.01(I)(3) from the Subdivision Ordinance regarding such extension. Should the City Council decide to grant the request, a vote to approve the extension needs to be reflected in the minutes of the City Council. A PG �O ` / JOHN E. LEVITT ENGINEERS, INC. ENGINEERS • PLANNERS 726 COMMERCE • SUITE 104 • SOUTHLAKE. TEXAS 76092 • (817) 488-3313 July 5, 1990 Mrs. Karen Gandy Zoning Administrator City of Southl ake 667 N. Carroll Ave. Southlake, Texas 76092 Re: Chimney Hill - Phase II Final Plat Dear Karen: On behalf of Warren Clark Development, Inc., we are requesting a one year extension on the approval of the final plat for Chimney Hill, Phase II per the city subdivision ordinance. We would appreciate your assistance in presenting this request to the city council. Very t^ly yourb, Johk E. Levitt, P.E. L: cc: Mr. Dale Clark 2. Special Filings: In the event that a special filing with the County is requested by the applicant, a check payable to the City of Southlake shall be submitted to the City Secretary in the amount of the appropriate fee and expenses. Fees for special filings of plats shall be set by resolution of the City Council. 3. Two -County Plats: In the event that a plat encompasses land that is within both Denton and Tarrant Counties, an additional fee will be charged sufficient to cover the additional filing costs and expenses of filing in both counties. 4. Request not to File: Should the applicant decide to direct the City not to file the approved plat, a letter must be submitted to the City from the applicant prior to the City filing the plat requesting that the plat not be filed in the County Plat Records. I. Expiration of Plats: 1. Preliminary Plat: A Preliminary Plat shall expire two years from the date of approval. Said expiration date shall be extended one year from the latest date of filing a Final Plat on a portion of said Preliminary Plat in the County Plat Records. 2. All other plats:' A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one* --year of the date of approval shall expire: Extensions: The City Council may extend the expiration date of an approved plat upon written petition for such extension by the owner prior to the expiration of the plat but not to exceed one (1) year. 4. Resubmittal: Upon the expiration of a plat, the applicant must proceed through the applicable process in its entirety, to include fee submittal and the review process. 5. It shall be the applicant's responsibility to monitor the timing of the plat and the potential for expiration. Section 4.02 Preliminary Plat. Processing: A. The Preliminary Plat will be scheduled for consideration on the first available Planning and Zoning Commission agenda as determined by the date of acceptance for review and the calendar schedule adopted by the City. G3 ------- - - - %Aky U1 )UUt111aK(4, I Uxaa RESOLUTION NO.90-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY MANAGER TO PREPARE AND SIGN A LETTER TO THE CITY OF DALLAS, WATER UTILITIES, AUTHORIZING ROD JOHNSON 4545 NORTH WHITE CHAPEL ROAD, TO PURCHASE RAW WATER FROM THE CITY OF DALLAS; SETTING AN EFFECTIVE DATE. WHEREAS, Rod Johnson, the owner of a plat of land abutting Lake Grapevine Reservoir, said plat of land being located at 4545 North White Chapel Road, desires to purchase raw water from the City of Dallas, from said reservoir for domestic use at said location; and, WHEREAS, the City of Dallas requires approval from the City of Southlake prior to selling water to a property owner located within the City of Southlake, and, WHEREAS, the City of Southlake currently is unable to provide water to the above location; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That all of the above recitals are found to be true and correct as if copied in its entirety. Section 2. That the City Manager, is hereby authorized to prepare and send a letter to the City of Dallas Water Utilities, authorizing Rod Johnson, owner of the property in the above location to purchase raw water from the City of Dallas until such time that the City of Southlake is able to serve water to the property. Section 3. That this resolution is hereby effective upon its passage by the City Council of the City of Southlake, Texas. PASSED AND APPROVED this the day of , ally V I JUUU IId KU, i WAdo _. Resolution 90-57 page two CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGran City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas COUNTY OF DALLAS I; WHEREAS, Rod Johnson is the owner of a plot of land abutting Lake Grapevine 'Reservoir, said plot of land being located at: ADDRESS: 4545 N. White Chapel Road, Roanoke, Tx. 76262 LEGAL DESCRIPTION OF LOT: WHEREAS, said owner desires to purchase raw water from the City of Dallas from said reservoir for domestic use at the above location, and the City of Dallas is agreeable to the sale of said water upon the conditions set forth below: NOW, THEREFORE,. WITNESSETH• THIS AGREEMENT made and entered into this date by and between the CITY OF DALLAS, a municipal corporation, hereinafter called "City," and Rod Johnson hereinafter called "purchaser," as follows: 1. • The City agrees to sell purchaser raw water from the perimeter of Lake Grapevine Reservoir'for domestic use for a period of three years from the date of this agreement. Purchaser's withdrawal of water therefrom shall not exceed one acre- foot annually, and the price charged shall be as set out in Section 49-18.5 Dallas City Code, presently $0.4423 per -1,OOO gallons. Payment in all cases shall be made in the amount of one acre-foot annually. It is understood that the rate quoted herein is subject to change at any time by the City Council, and in the event of such a rate change the new rate shall be immediately applicable herein. This agreement may be renewed at the end of the three year term at the option of the City of Dallas. 2. Purchaser will install all facilities required for this withdrawal at his own expense. 3. The City will assume no responsibility for keeping the water in the Reservoir at a certain elevation, and the Purchaser will make his installation so as to enable him to pump water at whatever level it may be. 4. In the event the location served by this contract is ever incorporated in any other City or municipality which has available water fire and protection, then in that event this contract will be terminated unless the municipality in which said plot of land or area is located consents to the sale of said water by City to Purchaser. 0 7a r 5. The City further reserves the right to limit the use and amount of water used or cancel this contract should the supply of the City of Dallas be depleted to where such water will be needed by the City for its citizens. In such event the City will give Purchaser at least thirty (30) days notice in writing to disconnect and cease pumping said water from the Reservoir. 6. The annual rate of $144.19 prompt payment amount, will be payable in advance and this contract will remain in effect upon payment. The initial billing will be the prorated amount to cover the period from the date of this contract through December 31. 1990, and will be due upon execution of the contract. Subsequent billing at the full amount of the annual rate will be due no later than January 1st of each succeeding year. Failure on the part of the Purchaser to pay the bills promptly will render the contract in default and the City shall have the right and privilege to discontinue further service to Purchaser. Termination of this contract by Purchaser will not entitle Purchaser to a refund. In the event the City invokes the provisions of Paragraph 5 above, a prorated amount of the prepayment will be refunded to Purchaser. 7. The City makes no representation as to the character or quality of the water taken and Purchaser agrees to accept said water in the same state as it is pumped from the Reservoir, nor does the City make any representation that such water will be suitable for the purposes for which Purchaser desires to use, it. Purchaser agrees that he shall ' ..wl... _ - 4.. ... acquire no rights or title for the use of water other than those explicitly set forth in this contract." Purchaser agrees to move, alter or remove entirely at his sole expense facilities he may have installed on City property should the City request him to do so. Should sanitary sewer service become available to the Purchaser at any time during the term of this contract, the Purchaser agrees to tie onto said system. 8. This agreement shall not be assigned to any other person, firm or corporation; provided, however, that in the event that any assignment is requested, the City may ap- prove same, and such requested assignment shall not become effective unless the City specifically consents to same in writing. EXECUTED this tha,ftday of _-lad A.D. 1 ' )- Signature• uZa 7se PLEASE RETURN SIGNED COPY TO: Kay Vieux Advisory Services 3AN Dallas Water Utilities 1500 Marilla St. Dallas, Texas 75277 REV/4/28/87 Rod Johnson name ttype or print) A54,6 N.14LA m coapgj, Mailing Address V64N01=j -'M "jGZroL -2- 7- 3 City of Southlake, Texas - M E M O R A N D U M July 30, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Austin Oaks Subdivision The City of Grapevine is requiring the developers of the Austin Oaks Subdivision to dedicate street right-of-way from the proposed subdivision to 50 feet past the proposed North right-of-way line of State Highway 114 (see attached Exhibit "B"). The location of the street is the same location that was originally proposed to tie to Austin Oaks Drive. Attached is the dedication documents that will dedicate the proposed Austin Oaks Drive to the City of Southlake. Please place this item of the council's next agenda for consideration. Should the City Council decide to accept the dedication, a vote to this end should be reflected in the minutes of the meeting. 4#9 MHB/ew Attachment g�� PUBLIC STREET RIGHT-OF-WAY DEDICATION AUSTIN OAKS DRIVE STATE OF TEXAS 6 KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § THAT AUSTOAK, INC., for and in consideration of the sum of one dollar ($1.00) cast to us in hand paid by the City of Southlake, Texas, a municipal corporation of the County of Tarrant, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT, and EXTEND to the said City of Southlake, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain public street Right -of -Way upon and across land described as follows: See Exhibit "A" i "B" Attached Hereto and Made a Part Hereon The street Right -of -Way dedication described on the attached Exhibit "A", and shown on Exhibit "B" is a part of a certain tract of land described by deed of record as shown in Volume 9827, Page(s) 749, Deed Records of Tarrant County, State of Texas. Said street Right -of -Way across this property, as herein designated and described, being a permanent street Right -of -Way fifty (50) feet in width for the construction, reconstruction and perpetual maintenance of public street Right -of -Way. The City of Southlake, Texas shall have the right and privilege to remove and dispose of, off -site trees, brush, debris, excess excavated material, and other material in the street Right -of -Way, that would interfere with access to the construction site and that would interfere with construction, reconstruction and perpetual maintenance of the said public street Right-of-way. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of Southlake, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said public street Right - of -Way together with necessary appurtenances inside said permanent street Right-of-way and for making connections therewith; all upon the condition that the City of Southlake, Texas, will at all times, after doing any work in connection with the construction, reconstruction or repair of said public street Right-of-way restore said premises as nearly to the condition in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Southlake, Texas, will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Southlake, Texas, for any other purpose under this grant, except herein provided. WITNESS MY HAND THIS Zk ze- day of , 1990. AUSTOAI INC. R bert R. li n, Vice President STATE OF TEXAS 9 COUNTY OF DALLAS S BEFORE NE, the undersigned, a Notary Public in and for said state, on this day personally appeared Robert R. Flippin, Vice President of AUSTOAK, INC., known to me the person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER NY HAND AND SEAL OF OFFICE, this the Z1+tI day of J , 1990. Notary Public in and or the State of Texas . • •.4 PATRICIA DIANNE BODARD t� Notary PUbft Stab d Tans `A3 My C gyres *02-120 60000000WO00000 ?0-3 EXHIBIT "A" FIELD NOTES BEING a tract or parcel of land situated in the City of Southlake, Tarrant County, Texas; and being part of the Thomas Easter Survey, Abstract Number 458; and being part of the tract of land conveyed to said AUSTOAK, INC. by Deed recorded in Volume 9827, Page 749, Deed Records, Tarrant County, Texas; and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corner in the Southeast corner of Lot 1, Block 2, of Austin Oaks Addition, an addition to the City of Grapevine as recorded in Cabinet A, Hanger 408, Plat Records, Tarrant County, Texas; said point also being in the West line of Austin Oaks Drive (50 foot wide Right -of -Way); THENCE South 88*09120" East along the South line of said Austin Oaks Addition, a distance of 53.19 feet to a point for corner in the Southwest corner of Lot 1, Block 1, of said Austin Oaks Addition; said point also being the beginning of a curve to the right whose chord bears South 23*32024" West; THENCE in a Southerly direction along said curve to the right having a central angle of 05 46'28", a radius of 475.00 feet, and an arc length of 47.87 feet to the end of said curve; THENCE South 26*25138" West a distance of 112.68 feet to a point at the beginning of a curve to the left whose chord bears South 20 41'S1" West; THENCE in a Southerly direction along said curve to the left having a central angle of 11 27033", a radius of 275.00 feet, and an arc length of 55.00 feet to the end of said curve; THENCE North 75*011550 West a distance of 50.00 feet to a point at the beginning of a curve to the right whose chord bears North 20*411510 East; THENCE in a Northerly direction along said curve to the right having a central angle of 11'27,133", a radius of 325.00 feet, and an arc length of 65.00 feet to a point for corner; THENCE North 26'25138" East a distance of 112.68 feet to a point at the beginning of a curve to the left whose chord bears North 24 41'46" East; THENCE in a Northerly direction along said curve to the left having a central angle of 03*27143", a radius of 425.00 feet, and an arc length of 25.68 feet to the POINT OF BEGINNING and containing 0.24 acres of land, more or less. 89e.?z—S Surveyor do hereby certify that the map shown ,herewith: .....(1) accurately represents the property as determined by an on -the -ground survey made under my direction; (2) correctly shows the boundary line and dimensions indicated; and (3) currently shows the easement affecting the subject property. Interior improvements have not been located. David s. MCCullah, A.P.-S. No. 4023 Paul S. Onsicker, Inc. v K V PO/Mr GIB' 5cele.. M-too' BEG/NN/NG 4 - 03"27'45' 0, .a�8 C& A/t4'4/ 4(0 A1,66"P5'.9O A'e t� QA `//Z. (oB ° \�j R.M 00 3 v5zoW0i'Si "E CC-- AV ; !.Justin 08k8 Adodifion a Gbbinet A f(n9cr 406 P,O. rc.71 . WI Bock 9 Block Z N $ BONHAM rR4/1. sO� Block \ J`'BB"09iPn"E r6 •�8N op' L- ✓tb'Py5 ao w s OF 09AWPEVIA/E F Of .4'Our!•/Ldze xx 275. 00' B SP °�/'5/"K/ /06 min/ VeIA"M No.� C Yo/ 7664 aj• /47G -v.06 D. R. r. C• r SWAff H/G!, mwy //4 M40-46/e gleylfi R.O./v) QOK/. DED/UMAI EXf�/Q/T "6'1 rhomas easler SL�vcc,/- 4bsf i(/0.4&,& Cif y D/' South /ak e, Te9rra�f County, Ten s &�jjlneerSlP/griner5/SurvG Ors PsiU[ $' UNZ/C/CEQ /N� Da 5 T a5 Z5 7 (064 3300 9^ 5' City of Southlake, Texas - M E M O R A N D U M August 3, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Water and Sewer Rate Presentation The water and sewer rate consultants have substantially completed the water and sewer rate study and would like to present to the Council a preliminary report of their findings at the August 7, 1990 Council Meeting. Part of the requirements of the rate study was to present a five-year capital improvement plan (CIP) for the City's water and sewer systems. The staff has recommended water and sewer improvements to the City's system for the next five years which needs the Councils confirmation. The final draft report, if there are no major changes, is anticipated to be presented to the Council at the August 21, 1990 meeting. Please place this item on the Council's August 7, 1990 agenda for presentation. IGA MB/kb City of Southlake Water and Wastewater Rate Study prepared by Freese and Nichols, Inc. in association with Lewis F. McLain, Jr. Update of KeyObjectives as Presented 8 / 7/ 90 Q Review and analyze historical financial requirements for the water and wastewater systems and make projections through Fiscal Year 1994-1995. • A multi -year financial plan has been developed from historical data. Projections for the next five years were made based on growth assumptions and discussions with city staff. Q Review existing and proposed contractual relationships between the city and others, e.g., City of Ft. Worth, TRA, etc. • Project Team has evaluated contracts and incorporated any relevant effects in the multi -year financial plan. Q Establish a listing of immediate and anticipated future major capital improvements. • Utilizing the capital improvements identified in the Impact Fee Study and consultations with city staff, a 5-year phasing plan for improvements has been created. Page 1 Update of KeyObjectives, cont'd Q Analyze historical billings by customer class to determine distribution of volume and revenues. • Historical billing information by customer class for a 12- month period has been entered into the "rate design phase model" and an analysis performed detailing consumption rates and dollars generated by each class and bracketed volume. Q Design an equitable rate structure which will allocate relevant costs to each customer class based on usage and demand on the system. • Upon entering historical information into the "rate design phase model", a series of rate design alternatives have been produced for discussion purposes and are currently being reviewed by the Rate Study Committee. Q Develop a comprehensive rate design software package for use by the city. • The rate design software package has been developed and is being utilized in the presentation of the multi -year financial plan and the "rate design phase model." Q Present the final report summarizing the results of the study. 'k,j4. • Following another workshop session with the Rate Study _ "4 Committee, a final draft of the study is tentatively scheduled for presentation to the City Council on August 21st. Page 2 City of Southlake, Texas M E M O R A N D U M "03 August 3, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Water and Sewer Impact Fee Ordinance Attached is the Water and Sewer Impact Fee Ordinance. The contents of the ordinance were derived from a report prepared by Cheatham & Associates and Rimrock Consulting with consultation from the Advisory Committee. At the City Council meeting on July 17, 1990, the first public hearing was held on the water and sewer impact fees and a presentation was made by the consultants. There were a couple of minor changes that the council requested to be made. These changes have been made and the Ordinance is being submitted for the second and final reading. Please place this item on the council's agenda for consideration at the August 7, 1990 meeting. MHB/ew attachment - Water and Sewer Impact Fee Ordinance I ORDINANCE NO. ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN THE INCORPORATED LIMITS OF (W 1 SOUTHLAREr TEXAS; IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN SOUTHLARE FOR PROVIDING WATER AND SEWER FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COUNCIL; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF A WATER AND SEWER FACILITIES IMPACT FEE; PROVIDING FOR REVIEW OF WATER AND SEWER FACILITIES IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER AND SEWER FACILITIES IMPACT FEES INTO WATER AND SEWER FACILITIES IMPACT FEE ACCOUNTS ESTABLISHED FOR THAT PURPOSE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM WATER AND SEWER FACILITIES IMPACT FEES; PROVIDING THAT WATER AND SEWER FACILITIES IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND 81141LAR DEBT INSTRUMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFF TIVE DATE. WHEREAS, the City of Southlake is responsible for and committed to the provision of public facilities and services at levels necessary to cure any existing public service deficiencies in already developed areas; and WHEREAS, such facilities and service levels shall be provided by the City utilizing funds allocated in the capital budget and capital improvements programming processes and relying upon the funding sources indicated therein; and WHEREAS, new residential and nonresidential development causes and imposes increased and excessive demands upon City public facilities and services, including water and sewer facilities, that would not otherwise occur; and slakeXfq=tfee.ord(8190) -1- /02-/ M WHEREAS, planning and zoning projections indicate that such development will continue and will place ever-increasing demands on the City to provide necessary public facilities; and WHEREAS, the development potential and property values of properties is strongly influenced and encouraged by City policy as expressed in the Comprehensive Plan and as implemented via the City zoning ordinance and map; and WHEREAS, to the extent that such new development places demands upon the public facility infrastructure, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands for them; and WHEREAS, the amount of the capital recovery fee to be imposed shall be determined by the cost of the additional public facilities needed to support such development, which public facilities shall be identified in a capital improvements program, and WHEREAS, the City Council, after careful consideration of the matter, hereby finds and declares that capital recovery fees imposed upon residential and nonresidential development to finance specified major public facilities in designated service areas, the demand for which is created by such development, is in the best interests of the general welfare of the City and its residents, is equitable, and does not impose an unfair burden on such development; WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336, now codified as Chapter 395 of the Local Government Code, providing guidelines and requirements for the adoption of capital recovery fees; and slake\iapactfee.ord(8190) -2- xa-Z M WHEREAS, the City Council finds that in all things the City has complied with said statute in the notice, adoption, promulgation and methodology necessary to adopt Capital Recovery Fees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAXE, TEXAS: SECTION 1 SHORT TITLE This Ordinance shall be known and cited as the Water and Wastewater Capital Recovery Fees Ordinance. SECTION 2 INTENT This Ordinance is intended to impose water and wastewater capital recovery fees, as established in this Ordinance, in order to finance public facilities, the demand for which is generated by new development in the designated service area. SECTION 3 AUTHORITY The City is authorized to enact this Ordinance by Chapter 395 of the Texas Local Government Code, (Senate Bill 336 enacted by the 70th Texas Legislature) and its successors, which authorize home - rule cities, among others, to enact or impose impact fees (capital recovery fees) on land within their corporate boundaries or extraterritorial jurisdictions, and to persons with whom they have a water or sewer service contract, as charges or assessments imposed against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development; and by the Southlake City Charter. The provisions of sl8ke\ifapectfee.ord(819o) _3_ this Ordinance shall not be construed to limit the power of the City to adopt such Ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this Ordinance. Guidelines may be developed by resolution or otherwise to implement and administer this chapter. SECTION 4 DEFINITIONS As applied in this Ordinance, the following words and terms shall be used: (1) Assessment - The determination of the amount of the maximum capital recovery fee per service unit which can be imposed on new development pursuant to this Ordinance. (2) Building Permit - Written permission issued by the City for the construction, repair, alteration or addition to a structure. (3) Capital Construction Cost of Service - Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees), and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the City. (4) Capital Improvements Advisory Committee (Advisory Committee) - Advisory committee, appointed by the City Council, consisting of at least five members, not less than 40 percent of which shall be representatives of the real estate, development, or building industries which are not employees of the City, and, if capital recovery fees are to be applied within the extraterritorial jurisdiction of the City, including one member representing the extraterritorial jurisdiction; or consisting of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the City and which is representative of the real estate, development, or building industry, and, if capital recovery fees are to be applied within the extraterritorial jurisdiction of the City, one s1ake%fvpeetfee.ord(8190) -4- la-3 representative of the extraterritorial jurisdiction area; which committee is appointed to regularly review and update the capital improvements program in accordance with the requirements of Chapter 395 of the Local Government Code, and it successors. (5) Capital Improvements Program (CIP) - Plan which identifies water and wastewater capital improvements or facility expansions pursuant to which capital recovery fees may be assessed. (6) Capital Recovery Fee - Fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Capital recovery fees do not include dedication of rights -of -way or easements, or construction or dedication of site -related water distribution or wastewater collection facilities required by other ordinances of the City Code; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines. (7) City - City of Southlake. (8) City Council (Council) - Governing body of the City of Southlake. (9) City Public Works Director (Director) - Public Works Director of the City of Southlake. (10) Commercial Development - For the purposes of this Ordinance, all development which is neither residential nor industrial. (11) Comprehensive Plan (Master Plan) - The comprehensive long-range plan, adopted by the City Council, which is intended to guide the growth and development of the City which includes analysis, recommendations and proposals for the City regarding such topics as population, economy, housing, transportation, community facilities and land use. (12) Credit - The amount of the reduction of a capital recovery fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed. (13) ZXisting Development - All development within -the service area which -has a water or wastewater tap on the City Is water or sewer system as of the date of the adoption of this Ordinance. (14) Facility EXRansion - The expansion of the capacity of an existing facility which serves the same function as an stakeMmpaetfee.ord(8190) -5- otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. (15) Final Subdivision Plat - The map, drawing or chart meeting the requirements of the City's Subdivision Ordinance on which is provided a subdivider's plan of a subdivision, and which has received final approval by the Planning and Zoning Commission or City Council and which is recorded with the office of the County Clerk. (16) Growth -Related Costs - Capital construction costs of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth -related costs do not include: (a) Construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (b) Repair, operation, or maintenance of existing or new capital improvements or facility expansions; (c) Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (d) Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; (e) Administrative and operating costs of the City; and (f) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth -related facilities contained in the capital improvements program. (17) Industrial Development - Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally development in which goods are manufactured, or development which is ancillary to such manufacturing activity. (18 ) Land Use Assumptions - Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10- year period, adopted by the City, as may be amended from time to time, upon which the capital improvement plan is based. slake\ispwtfee.ord(8190) -6- 14;2-� (19) Living Unit Equivalent (L E) - Basis for establishing equivalency among and within various customer classes based upon the relationship of the continuous daily maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous daily maximum flow rate in gallons per minute for a 1" diameter simple water meter, using American Water Works Association C700-C703 standards. LUE's for water meters are as follows: METER SIZE TYPE LUE's 5/8" Simple 0.4 3/4" Simple 0.6 1" Simple 1.0 1-1/2" Simple 2.0 2" Simple 3.2 2" Compound 3.2 2" Turbine 4.0 3" Compound 6.4 3" Turbine 9.6 4" Compound 10.0 4" Turbine 16.8 6" Compound 20.0 6" Turbine 36.8 8" Compound 32.0 8" Turbine 64.0 10" Compound 46.0 10" Turbine 100.0 12" Turbine 132.0 (20) New Development - Subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for water or wastewater service and purchase of a new water or wastewater tap. New development includes the sale of water taps resulting from the conversion of an individual well to the -City's water utility and includes the sale of wastewater taps resulting from the conversion of an individual septic or other individual waste disposal system to the City's wastewater utility. (21) Offset - The amount of the reduction of a capital recovery fee designed to fairly reflect the value of system -related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the City's-subdivision regulations or requirements. (22) Residential Development - A lot developed for use and occupancy as a residence or residences, according to the City's zoning ordinance. slake\JWwtfee.ord(8190) .7_ (23) Service Area - Area within the corporate boundaries to be served by the water and wastewater capital improvements or facilities expansions specified in the capital improvements program applicable to the service area. (24) Service Unit - Standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions, expressed in living units equivalent. (25) Site -related Facility - Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. (26) System -related Facility - A capital improvement or facility expansion which is designated in the Capital Improvements Plan and which is not a site -related facility. A system -related facility may include a capital improvement which is located offsite, within or on the perimeter of the development site. (27) Tau Purchase - The filing with the City of a written application for a water or wastewater tap and the acceptance of applicable fees by the City. The term "tap purchase" shall not be applicable to a meter purchased for and exclusively dedicated to fire protection. (28) Wastewater Facility - Improvement for providing wastewater service, including, but not limited to, land or easements, treatment facilities, lift stations, or interceptor mains. Wastewater facility excludes wastewater lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of rights -of -way or easements or construction or dedication of on -site wastewater collection facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (29) Wastewater Facility Exmansion - Expansion of the capacity of any existing wastewater improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development. slake%1q=tfee.ord(8190) -a- �a-s (30) Wastewater Improvements Plan - Portion of the CIP, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater capital recovery fees pursuant to this Ordinance. (31) Water Facility - Improvement for providing water service, including, but not limited to, land or easements, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights -of - way or easements or construction or dedication of on - site water distribution facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (32) Water Facility Expansion - Expansion of the capacity of any existing water improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development. (33) Water Improvements Plan - Portion of the CIP, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water capital recovery fees pursuant to this Ordinance. SECTION 5 APPLICABILITY OF CAPITAL RECOVERY FEES A. This Ordinance shall be uniformly applicable to new development which occurs within the water and wastewater service areas. B. No new development shall be exempt from the assessment of capital recovery fees as defined in this Ordinance. stake\fmpectfee.ard(a190) .9_ SECTION 6 CAPITAL RECOVERY FEES AS CONDITIONS OF DEVELOPMENT APPROVAL No application for new development shall be approved within the City without assessment of capital recovery fees pursuant to this Ordinance, and no water and wastewater tap shall be issued and no building permit shall be issued unless the applicant has paid the capital recovery fees imposed by and calculated hereinunder. SECTION 7 ESTABLISHMENT OF WATER AND WASTEWATER SERVICE AREAS A. The water and wastewater service areas are established as shown on the Service Area Map which is Exhibit A for this Ordinance. B. The service areas shall be established consistent with any facility service area established in the CIP for each utility. Additions to the service area may be designated by the City Council consistent with the procedure set forth in Chapter 395 of the Local Government Code and its successors. SECTION 8 LAND USE ASSUMPTIONS Land use assumptions used in the development of the capital recovery fees are contained in Exhibit B of this Ordinance. These assumptions may be revised by the City Council according to the procedure set forth in Chapter 395 of the Local Government Code and its successors. SECTION 9 SERVICE UNITS slake%fq=tfee.ord(8190) -10- A214; A. Service units are established in accordance with generally accepted engineering and planning standards. B. Service units shall be calculated based on living units - equivalent as determined by the size of the water meter(s) for the development, or alternatively, as approved by City Council, based on the recommendation of the Director as a result of an engineering report prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas, which demonstrates that the number of LUE's of service for the new development will be different than those indicated by the size of the water meter. C. If the Director determines that the water pressure in the City's transmission main is significantly higher or lower than standard pressure such that the size of the water meter is not indicative of actual service demand, the Council may adjust the number of LUE's based on a smaller or larger sized meter which more accurately reflects the flow rate and the system pressure conditions. D. If a fire demand meter (tap) is purchased for a property, the meter size utilized to calculate the number of LUE's shall be the dimension of the portion of the fire demand meter which reflects the meter size which would provide only domestic service to the property. Said reduced meter size shall then be utilized to calculate the number of LUE's. 1. The meter types used to calculate the number of LUE's shall be either simple or compound meters. 2. To avoid the use of fire flow volumes for domestic usage, the owner of any property for which a fire demand meter sleke\fwV&ctfee.ord(s19o) -��- is purchased shall be required to execute a restrictive covenant on a form approved by the City Attorney, which covenant shall acknowledge the right of the City to assess such fees to subsequent owners of the property. Said covenant shall be executed prior to the purchase of the fire demand meter and shall be filed in the deed records of the County. E. Upon wastewater tap purchase for lots for which no water meter has been purchased, service units shall be established by a professional engineer licensed in the State of Texas, shall be reviewed by the Director and shall be presented to Council, which shall designate the appropriate number of service units. F. The City Council may revise the service units designation according to the procedure set forth in Chapter 395 of the Local Government Code and its successors. SECTION 10 CAPITAL RECOVERY FEES PER SERVICE UNIT A. The maximum capital recovery fee per service unit for each service area shall be computed by dividing the growth -related capital construction cost of service in the service area identified in the capital improvements plan for that category of capital improvements, by the total number of projected service units anticipated within the service area which are necessitated by and attributable to new development, based on the land use assumptions for that service area. Maximum assessable capital recovery fees per service unit for each service area shall be established by category of capital improvements and shall be set forth in Exhibit C to this Ordinance. slakeXiq=tfee.ord(8190) -12- 1� / B. Maximum assessable fees in Exhibit C may be amended by the City Council according to the procedure set forth in Chapter 395 of the Local Government Code and its successors. - C. Current collected fees shall be set forth in Exhibit C to this Ordinance, and shall not exceed the maximum fees also set forth in Exhibit C. Current collected fees may be amended by the City Council from time to time, provided they do not exceed the maximum assessable fees. SECTION it ASSESSMENT OF CAPITAL RECOVERY FEES A. The approval of any subdivision of land or of any new development shall include as a condition the assessment of the capital recovery fee applicable to such development. B. Assessment of the capital recovery fee for any new development shall be made as follows: 1. For a development which is submitted for approval pursuant to the City's subdivision regulations following the effective date of this Ordinance, assessment shall be at the time of final plat recordation, and shall be the value of the capital recovery fee per service unit then in effect, as provided in Exhibit C as set forth in Section 10 (A) . The City may provide the subdivider with a copy of Exhibit C prior to final plat approval, but such shall not constitute assessment within the meaning of this Ordinance. 2. For a development which has received final plat approval prior to the effective date of this Ordinance and for which no replatting is necessary prior to tap purchase, assessment shall be upon tap purchase, and shall be the value slake\impectfee.oni(8190) .13- r of the capital recovery fee per service unit set forth in Exhibit C. 3. Because fire protection is of critical concern to the community as a whole, water demand related solely to fire protection is not subject to collection of a capital recovery fee. However, if the fire protection capacity of the fire demand meter is routinely utilized for domestic purposes as evidenced by the registration of consumption recorded on the City's meter -reading and billing systems, the current owner of the property shall be assessed the current capital recovery fees for the fire protection capacity which has been converted to domestic capacity by its routine usage as domestic capacity. C. Following assessment of the capital recovery fee pursuant to subsection 11B, no additional capital recovery fees or increases thereof shall be assessed against that development unless the number of service units increases, as set forth under Section 9. D. Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time a new application for such development is filed. SECTION 12 CALCULATION OF CAPITAL RECOVERY FEES A. Following the request for new development as provided in Section 11 of this Ordinance, the City shall compute capital recovery fees due for the new development in the following manner: 1. The number of LUE's shall be determined by the size of the water meter(s) or by evaluation of the Director and determination of Council upon review of reports provided by slake%1q=tfee.ord(8190) -14- /0#?--,? a professional engineer licensed in the State of Texas, as determined according to Section 9 of this Ordinance. 2. LUE's shall be summed for all meters purchased for v the development. 3. The total service units shall be multiplied by the appropriate per -unit fee value determined as set forth in Section 10; and 4. Fee credits and offsets shall be subtracted as determined by the process proscribed in Section 14 of this Ordinance. B. The value of each capital recovery fee due for a new development shall not exceed a value computed by multiplying the fee assessed per service unit pursuant to Section 10 by the number of service units generated by the development. SECTION 13 COLLECTION OF CAPITAL RECOVERY FEES A. No water or wastewater tap shall be issued until all capital recovery fees have been paid to the City except as provided otherwise by contract. B. Within one (1) vear of ti%e Ordinance, capital recovery fees shall be collected at the time of the issuance of the building permit for new development, or if no permit is required, at the time of tap purchase. Subsequent to that one year period, capital recovery fees shall be collected as follows: 1. For a development which is submitted for approval pursuant to the City's subdivision regulations subsequent to slekeMg=tfee.ord(8190) .ig. the effective date of this Ordinance, capital recovery fees shall be collected at the time of building permit. (W 2. For a development which has received final plat approval prior to the effective date of this Ordinance or for which no replatting is necessary prior to provision of a water or wastewater tap, capital recovery fees shall be collected at the time of tap purchase. C. The City may, at its sole discretion, enter into contracts to establish a different date of fee collection than those provided in this Section. SECTION 14 SUSPENSION OF FEE COLLECTION A. For any new development which has received final plat approval prior to the effective date of this Ordinance in accordance with Texas Local Government Code, Ordinance 212, or (W pursuant to the City's subdivision regulations, the City may assess, but shall not collect any capital recovery fee as herein defined, on any service unit for which a valid building permit is issued within one (1) year subsequent to the effective date of this Ordinance. B. If the building permit, which is obtained within the period provided for in subsection 14A, subsequently expires, and no new application is made and approved within such period, the new development shall be subject to the payment of a capital recovery fee, as provided in Section 13. C. Prior to the expiration of the one year period described in Subsection A, the City shall assess and collect on such new slake\ia9actfee.ord(8190) .16- development described in subsection 14A capital recovery fees pursuant to Ordinance 330. SECTION 15 OFFSETS AND CREDITS AGAINST CAPITAL RECOVERY FEES A. The City may offset the present value of any system - related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the City, including the value of capital improvements constructed pursuant to an agreement with the City, against the value of the capital recovery fee due for that category of capital improvement. B. The City shall credit capital recovery, pro rata, acreage or lot fees which have been paid pursuant to Ordinance Nos. 493, 494, 330, or other City ordinances prior to the effective date of this Ordinance against the value of a capital recovery due for that category of capital improvement, subject to guidelines established by the City. C. All offsets and credits against capital recovery fees shall be subject to the following limitations and shall be granted based on this Ordinance and additional standards promulgated by the City, which may be adopted as administrative guidelines. 1. No offset or credit shall be given for the dedication or construction of site -related facilities. 2. The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the capital improvements plan for the category of facility within the service area for which the capital recovery fee is imposed. slskeMq=tfee.ord(8190) .17_ 3. If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of the ,,. acquisition of the first tap purchase made after the effective date of this ordinance or within such period as may be otherwise designated by contract, such offset or credit shall lapse. 4. In no event will the City reimburse the property owner or developer for an offset or credit when no capital recovery fees for the new development can be collected pursuant to this Ordinance or for any value exceeding the total capital recovery fees due for the development for that category of capital improvement, unless otherwise agreed to by the City. D. An applicant for new development must apply for an offset or credit against capital recovery fees due for the development either at or before the time of fee payment, unless the City agrees to a different time. The applicant shall file a petition for offsets or credits with the City on a form provided for such purpose. The contents of the petition shall be established by administrative guidelines. The City must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against a capital recovery fee, which value and the date of the determination shall be associated with the plat for the new development. slske\fwpwtfee.ord(8190) -18- /a -lam E. The available offset or credit associated with the plat shall be applied against a capital recovery fee in the following manner: 1. Such offset or credit shall be prorated equally among all living units equivalent, as calculated in Section 9, and remain applicable to such LUE's, to be applied at time of filing and acceptance of an application for a building permit or tap purchase, as appropriate, against capital recovery fees due. 2. If the total number of LUE's used by the City in the original offset or credit calculation described in (1) is eventually exceeded by the number of total LUE's realized by the actual development, the City may, at its sole discretion, collect the full capital recovery fee exclusive of any associated offset or credits for the excess LUE's. 3. At its sole discretion, the City may authorize alternative credit or offset agreements upon petition by the owner in accordance with guidelines promulgated by the City. SECTION 16 ESTABLISHMENT OF ACCOUNTS AND RECORDS A. The City shall establish separate interest -bearing accounts, in a bank authorized to receive deposits of City funds, for each major category of capital facility for which a capital recovery fee is imposed pursuant to this Ordinance. B. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds authorized in Section 17. slake\ispsctfee.ord(8190) -19- C. The City shall establish adequate financial and accounting controls to ensure that capital recovery fees disbursed ,, from the account are utilized solely for the purposes authorized - in Section 17. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Ordinance; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. D. The City shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of uses specified in the capital improvements program as r system -related capital projects. The City Finance Department shall also maintain such records as are necessary to ensure that refunds are appropriately made under the provision in Section 19 of this Ordinance, and such other information as may be necessary for the proper implementation of this Ordinance. SECTION 17 USE OF PROCEEDS OF CAPITAL RECOVERY FEE ACCOUNTS A. The capital recovery fees collected pursuant to this Ordinance may be used to finance or to recoup capital construction costs of service. Capital recovery fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. slake%fmpeetfet.ord(8190) -20- 14::;2 —�� B. Capital recovery fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses: 1. Construction, acquisition or expansion of capital improvements or assets other than those identified for the appropriate utility in the capital improvements plan; 2. Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; 3. Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; 4. Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided however, that capital recovery fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or 5. Administrative and operating costs of the City. SECTION IS APPEALS A. The property owner or applicant for new development may appeal the following decisions to the Director or his/her designate: 1. The applicability of a capital recovery fee to the development; 2. The value of the capital recovery fee due; stake%impaetfee.ord(8190) -21. 3. The availability or the value of an offset or credit; 4. The application of an offset or credit against a capital recovery fee due; 5. The amount of the refund due, if any. All appeals shall be taken within thirty (30) days of notice of the action from which the appeal is taken. B. The burden of proof shall be on the appellant to demonstrate that the value of the fee or the value of the offset or credit was not calculated according to the applicable capital recovery fee schedule or the guidelines established for determining offsets and credits. C. The appellant may appeal the decision of the Director to the Council. A notice of appeal to the Council must be filed by the applicant with the City Secretary within thirty (30) days (W following the Director's decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the capital recovery fee due, the development application or tap purchase or building permit issuance may be processed while the appeal is pending. SECTION 19 REFUNDS A. Any capital recovery fee or portion thereof collected pursuant to this Ordinance which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the capital recovery fee was paid by another slsk*Mmpsetfee.ord(8190) -22- governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03, Title - 79, Revised Statutes (Article 5069-1.03, Vernon's Texas Civil Statutes), or any successor statute. B. If a refund is due pursuant to subsection (A), the City shall pro -rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. C. Upon completion of all the capital improvements or facilities expansions identified in the capital improvements plan upon which the fee was based, the City shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the City shall refund the difference, if such difference exceeds the impact fee paid by more than ten percent (10%). The refund to the record owner or governmental entity shall be calculated by multiplying such difference by the number of service units forthedevelopment forwhichthe fee was paid, and interest due shall be calculated upon that amount. a lake\irpectfee.ord(8190) .23_ D. Upon the request of an owner of the property on which a capital recovery fee has been paid, the City shall refund such fees i f : 1. Existing service is available and service is denied; or 2. Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two years of fee payment; or 3. Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event later than five years from the date of fee payment. E. The City shall refund an appropriate proportion of capital recovery fee payments in the event that a previously purchased water meter is replaced with a smaller meter, based on the LUE differential of the two meter sizes and the per-LUE fee at the time of the original fee payment, less an administrative charge set forth in City guidelines. F. Petition for refunds shall be submitted to the Director on.a form provided by the City for such purpose. Within one month of the date of receipt of a petition for refund, the Director must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Director shall notify the Finance Director and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the Council, as set forth in Section 18. slsk*%iq=tf".*M(8190) .25- ia-i3 SECTION 20 UPDATES TO PLAN AND REVISION OF FEES The City shall review the land use assumptions and capital improvements plan for water and wastewater facilities at least every three years, the first three year period which shall commence from the date of adoption of the capital improvements plan referenced herein. The City Council shall accordingly then make a determination of whether changes to the land use assumptions, capital improvements plan or capital recovery fees are needed and shall, in accordance with the procedures set forth in Chapter 395 of the Local Government Code, or any successor statute, either update the fees or make a determination that no update is necessary. SECTION 21 FUNCTIONS OF ADVISORY COMMITTEE A. The functions of the Advisory Committee are those set forth in Chapter 395 of the Local Government Code, or any successor statute, and shall include the following: 1. Advise and assist the City in adopting land use assumptions; 2. Review the capital improvements plan regarding water and wastewater capital improvements and file written comments thereon; 3. Monitor and evaluate implementation of the capital improvements program; 4. Advise the City of the need to update or revise the land use assumptions, capital improvements program and capital recovery fees; and E slake%1q=tfee.ord(8190) -25- 5. File a semiannual report evaluating the progress of the City in achieving the capital improvements plans and identifying any problems in implementing the plans or administering the capital recovery fees. B. The City shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the capital improvements plan. C. The Council shall adopt procedural rules for the committee to follow in carrying out it duties. SECTION 22 AGREEMENT FOR CAPITAL IMPROVEMENTS A. The City Council may approve the owner of a new development to construct or finance some of the public improvements identified in the CIP. In the case of such approval, the property owner must enter into an agreement with the City prior to fee collection. The agreement shall be on a form approved by the City, and shall establish the estimated cost of improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement shall be completed to City standards, and any other terms and conditions the City deems necessary. The Director shall review the improvement plan, verify costs and time schedules, determine if the improvement is contained in the CIP, and determine the method and timing of reimbursing the owner for construction costs from capital recovery fee or other revenues. SECTION 23 USE OF OTHER FINANCING MECHANISMS A. The City may finance water and wastewater capital improvements of facilities expansions designated in the capital It improvements plan through the issuance of bonds, through the sleke\1q=tfee.ord(8190) -26- 1'�2 /1el formation of public improvement districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of capital recovery fees. B. Except as herein otherwise provided, the assessment and collection of a capital recovery fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. SECTION 24 CAPITAL RECOVERY FEES AS ADDITIONAL AND SUPPLEMENTAL REGULATION A. Capital recovery fees established by this Ordinance are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy. Such fees are intended to be consistent with and to further the policies of City's Comprehensive Plan, capital improvements plan, zoning ordinance, subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. B. This Ordinance shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations of the slake\fM=tfee.oni(8190) .27. City, which shall be operative and remain in full force and effect without limitation with respect to all such development. SECTION 25 RELIEF PROCEDURES A. Any person who has paid a capital recovery fee or an owner of land upon which a capital recovery fee has been paid may petition the Council to determine whether any duty required by this ordinance has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within sixty (60) days of the request. If the Council determines that the duty is required pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. B. The Council may grant a variance or waiver from any requirement of this ordinance, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. WATER FACILITIES FEES SECTION 26 WATER SERVICE AREA A. There is hereby established a water service area as depicted on Exhibit A, attached hereto and incorporated herein by reference. B. The boundaries of the water service area may be amended from time to time, and new water service areas may be delineated, pursuant to the procedures in Section 7. slake\ispectfee.ord(8190) -28- t SECTION 27 WATER IMPROVEMENT PLAN A. The Water Improvement Plan for the City is hereby adopted as Exhibit D attached hereto and incorporated by reference herein. B. The Water Improvement Plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Local Government Code and its successors. SECTION 28 WATER CAPITAL RECOVERY FEES A. The maximum capital recovery fee values per service unit for water facilities are hereby adopted and incorporated in Exhibit C attached hereto and made a part hereof by reference. B. The capital recovery fee values per service unit for water facilities may be amended from time to time, pursuant to the procedures in Section 10. WASTEWATER FACILITIES FEES SECTION 29 WASTEWATER SERVICE AREA A. There is hereby established a wastewater service area as depicted on Exhibit A, attached hereto and incorporated herein by reference. B. The boundaries of the wastewater service area may be amended from time to time, and new wastewater service areas may be delineated, pursuant to the procedures in Section 7. SECTION 30 WASTEWATER IMPROVEMENT PLAN -A. _ The Wastewater Improvement Planfor the City is hereby adopted as Exhibit E attached hereto and incorporated by reference herein. slake\impsctfee.ord(8190) _29_ B. The Wastewater Improvement Plan may be amended from time to time, pursuant to the procedures set forth in Chapter 395 of the Local Government Code and its successors. SECTION 31 WASTEWATER CAPITAL RECOVERY FEES A. The maximum capital recovery fee values per service unit for wastewater facilities are hereby adopted and incorporated in Exhibit C attached hereto and made a part hereof by reference. B. The capital recovery fee values per service unit for wastewater facilities may be amended from time to time, pursuant to the procedures in Section 10. SECTION 32 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance 330 shall remain in force and effect as provided in Section 14C of this Ordinance. SECTION 33 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 slake\1spactfee.ord(8190) -30- 14;2-7�; by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 34 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of= -Ordinance ." 330 or any other ordinances imposing impact or development fees, which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 35 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 36 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for -the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time slake\ispsetfee.ord(8190) -31. within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 37 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1990. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1990. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: 9lake\impactfee.ord(8190) -32- CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -A-3- gq, t AN ORDINANCE AMENDING ORDINANCE NO. 480, THE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A -8-:499- J2r �� nTicJ ACRE TRACT OF LAND OUT OF THE 0" 6T 24 AND �'W. MORE FULLY CEO P�ELY DESCRIBED IN EXHIBIT hFF�4LISviZVE`f Tn�d A ZONING DISTRICT USES b�s TO ZONING DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. 41V WHEREAS, the City instituted a zoning case to amend the official Zoning District Map of the City of Southlake, Texas, as required by State Statutes and the Zoning Ordinance of the City of Southlake, Texas, and all the legal requirements, conditions and prerequisites have been complied with, the case having come before the City Council of the City of Southlake, Texas, after all legal notices, requirements conditions and prerequisites having been complied with; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites, safety from fire hazards and damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the over -crowding of the land, the effect on the concentration of City of Southlake, Texas - M E M O R A N D U M July 30, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-24 Zoning Change Request ------------------------------------------------------------- ZA 90-24 is a zoning change request and concept plan for 21.719 acres out of the northern portion of Tract 3E, W.W. Hall Survey, Abstract No. 695. The property is located on the north side of F.M. 1709, East of Diamond Circle Estates in the 700-block of East Southlake Blvd. The owner of the property is Homei Liao; the applicant is Backes and Platt. The current zoning is Agricultural; the requested zoning is SF-20 A. The concept plan indicates 31 lots in the proposed development of Country Meadow Estates. There were seventeen (17) letters sent to property owners within 200 feet. To date, there have been twelve (12) responses: Mr. Baker, 711 E. Southlake Blvd., had concerns regarding drainage and the impact on his property across the street. Three property owners in Lakewood Acres were opposed to the development: Mr. Ray Pasetta, 500 Bentwood; Mr. Ken Gardner, 550 Bentwood; and Mr. Charlie Broadaway, 600 Bentwood (whose property is outside of the 200 foot range). They requested that the perimeter lots be one -acre minimum and that the rear portion of their lots not be "landlocked". A petition was received from eight (8) property owners along the western property line of the proposed development. This petition does meet the requirements of a legal protest per the Local Government Code requiring a "three -fourths vote of the governing body" (i.e. City Council). On May 17, 1990, June 7, 1990, and June 21, 1990, the Planning and Zoning Commission approved the applicant's request to table the item until June 7, 1990, June 21, 1990, and July 19, 1990 respectively. On July 19, 1990, the Planning and Zoning Commission recommended approval (6-0) of the SF 20 A zoning request. 04 KPG 13- 1 CITY OF SOUTHLAKE APPLICATION FOR AMENDMENT TO ZONING MAP Application No. ZA �— Z q To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue, Southlake, Texas. At the time of filing, the City Secretary will inform you of the public hearing dates for both Planning and Zoning and City Council. You must be represented at both of the public hearings. There is a $100.00 fee for zoning; it must accompany this application. NAME OF APPLICANT: Homei Liao ADDRESS: 2301 McCoy Road Carrollton, Texas 75006 DESCRIPTION (METES AND BOUNDS) OF PROPERTY R.BQUESTED TO BE REZONED: See Attached Exhibit W ZONING RBQUEST: FROM: Ag TO: S.F. 20A This application must be accompanied by a list of the names and addresses of the owners of all properties within 200' of any part of the property to be rezoned. A plat map of the property showing the area requested for rezoning is to be attached to this application. ". <�& m ee' - SI ATURE F PERSON FILING MUST BE OWNER OF THE PROPERTY Before me, a Notary Public, on this day personally appeared &1% Lea a known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to be that he or she executed the same for the purposes and consideration therein expressed. Given w,.der my hand and seal of office this 9 day of , 19 -111.4 NOWY PUBLIC IN AND FOR TEXAS My Commission expires the % OIL d� V of 19�. 13 -Z Fl EbD NUTES All that certain lot, tract or parcel of land located in the ft. W. HALL SURVEY, Abstract 695, Tarrant County, Texas, being a portion of that certain 25.196 acre tract described in deed to Homei Liao, Trustee and Jin Her Hwang, Trustee, recorded in Volume 7937, Page 294. Deed Records, Tarrant County, Texas (D.R., T.Co., Tx.), and being more particularly det� Ibed by metes and bounds as follows: BEOINNINO at an iron pipe found in the North right-of-way (R/W) line of F.M. No. 1709 for the Southeast corner of aforesaid 25.196 acre tract, said pipe also being the Southwest corner of that certain 22 acre tract conveyed to Beulah B. Cross; THENCE departing said Cross tract and with a line common to said North R/W line of F.M. No. 1709 and South line of said 25.196 'acre tract, North 89 degrees 57 minutes 02 seconds West 80-02/100 feet to a 5/8 inch iron rod set for corner; . THENCE departing said common line, North 01 degree 10 minutes 56 seconds East 428-40/100 feet to a 5/8 inch iron rod set for corner; THENCE North 89 'degrees 57 minutes 02 seconds West 533-42/100 feet to a 6/8 inCh iron rod set in the common West line of said 25.196 acre tract and .East line of Diamond Circle Estates, according to the plat recorded ,in Volume 388-177, Page 7, Plat Records, Tarrant County, Texas (P.R., T.C'o,, Tx.), said rod being further described as bearing North 00 degrees 09 minutes 00 seconds West 478-40/100 feet from the Southwest corner of aforesaid W. W. Hall Survey, Abstract 695; THENCE with a line common to Diamond Circle Estates and aforesaid 25.196 acre tract and generally with a fence, North 00 degrees 09 minutes West, pang a common corner of said Diamond Circle Estates and Mission [fill Estates, according to the plat recorded in Volume 388-168, Page 83, P.R., T.Co., Tx., at some 1067-3/10 feet, and continuing in all 1335-18/100 feet to an iron pipe found in the East line of said Mission Hill Estates for the common Northwest corner of this tract and Southwest corner of Lake Wood Acres Addition - Phase Two, according to the plat recorded in Volume 388-137, Page 34, P.R., T.Co., Tx.; THENCE with a line common to said Lake Wood Acres Addition and this tract and generally with a fence, South . 69 degrees 10 minutes 04 seconds East 644-37/100 feet to an iron pipe found. for the common. Northeast corner of said 25,196 acre tract and Northwest corner of aforementioned Beulah B. Cross tract; THENOB generally with a fence and with the common line of Cross tract and this tract, South 01 degree 10 minutes 56 seconds West 1755-03/100 feet to the place of beginning and containing some 20-000/1000 acres of land. AE•.OF�rF Prepared from records �'�P• to •�and a survey made on the* *� • + :* ground on March 16, 1990. ...i.......... 64...... MID A. WHITE ...... 6... .Q..Cj . 10' David A. White �CS0 R.P.S. No. 1824 --- - -- - _ )3 ;3 WMTLAKE DENTON COUNTY TROPHY CLUB Mmomm.. 1- DISTRICTBO ;O 1. Iczi 1� 12 IWIST/AOA IMF **,%% LAKE L.•� Ulf GRAPEVINE 101 JONES I0 -.JMES � I rOSSO11 NOIIOw s • ` iO0tf � NECK M -12 3t � ' i2IIla"EN 3 /FAME/ A SWAN 1 .� >: i.+ �.i [ CUME am RutI 11 IN 15 W 1ASS 11 J INUO1 i, T1OO1 _ EN MUTN �CUM WAIL LAKE ,;, TNOUSANOOAKS CUL J t �� • SOUIN — — — — — —._t.s��.��1�._.tI6L.-- LAKE • ,wown �•SOU1MlAKE 'NIIIIMI�•�� `�•-: 1 DN ►IL I ( = o RAKES IM `'ri 01 4.*018 OO �• /01ME1 A it j 1 �.s11AN100 EE'.� I' MCTCT NKLSME on ! CIESCENT No 3 SWTNLANE :3 kiiii r e s an NA10p0i KUE TEAL CT _ G� _ - r LW A WMMANI ItMUTIN, III T IUINET LN OUT ST 1 4um M ■ - ON N0; si• 12 f _ 1 51 OE NE CI ' 1AT1O0 Si w• t= t Q -�. _� ;, ( MOVE ST_ 1 I 01ROVE FMEIiAEO GAE _ j Wilt o � ' .. 1 CANNOLL g: S • _ ;V y� LN• - i i!� NIGH SCHOOL �; '•? 1 r� IAOCKINCMIOLN u " u 'INITTAMi Ci • ` MINNOSE u �JJ' 'a' �� df ••• e :�" _ . ZI 1 ' �•O r _ 1 OiKI�MEs EUNIAINIM M•s' � - � rI 'J 4• <� ' _ =.1 Sr �[I. `��1�1 I •; `tCr 1 WNOCIIC��-e-`� 3 1 + . d"• �ICTr/ESS-''�LOAY, ;e ! M.OLEEEEEOC . 1 VI 01 WAi3rEN1M�i LN 2 NCUNOor rA 1 '� CHEEK A IONCNMM TN S AL CT J �� OIii4P 11 00 ( JACK O. JOHNSON! ��" I TNOMAS CT I , ,. 1 N11IEN e. le WANT � 1';� � I ►ANUMOIE CT J F Or J�, ^ A iw . I . FI M/ ST.!N- � _ �- NIOMA ��: 1a / "I CAMTON Clt��. • ■ pll Q FAWKESMIKINCSWOOO "� ♦M ." 1=_ .._ IpA a CIEE#� ft/f44 JOSS TIM1I0`RAq* l� t0 1 EAOOW J&j:�G�1 �sWnOWOO@M L FLOUNCE_._ NO MEN '' ` LAKEWIOO: IA _ li 1 at MEN COVE 70,r �'d = aa9 • To NKL310f Cf LOW NINNY CT 9 a • 1= \� = o LOGE xi►i* A- „ �l~q KM BICENTE [At w. PAN Jfj QEDI • _ NfON Al JM 1 s % 1701 " SOUTKIaaE /L IN I I7O9 ; I� 6000E � e a�; 1 AMIOR I' M ,NMC�it GREEN wool I 1 eAEtp ; =—�"'E—eE--- , CANN0 LLER ! Ey1MEN1 •I �J PINE irl!E_'T.I CT 11.lIC, J e• �� CITY •• HALL • 1 COLLEYVILLE JONN MACAtN 10 -/ ILVL E _-Ol0 Mlll IUN„ =--- - - - Kenneth Gardner Se I R01Rentwood Ln.9 11 D z J.M.Phillips j Q 19 SF-1A t i2pe m 505 San Jua Security Pacific Nat'l Bpnk Raymond J. Pasetta 20 SF-lA 500 Bentwood Ln. 12 SF-lA 03_San Juan 6 Ted Dawson » 501 San Juan SF-1A 21 J.Phillips 23 22 1027 Mission 1 s O 1 ill u NA - � EY U " • AV pBrunson SA-695 r- '475 BeAtwood SF-1A SF-1A Beulah B. Cross J. Ridenour 1030 Diamond SF-1A 2 3 c 5 2 SF -IA M.Sutton 6 1032 Diamon J, Tarplay e 1034 Diamond SF-IA —� T. Page , 9 1036 Diamond 6 11 SF-lA 1o[arfield _ inti iamondJozI Bldg. 5 4 Oond s2 3mond Harrison Cust. 1 2 3 jomes i2-2 __4 r T_ w I SOUTHLAKE BOULEVARD COUNTRY i 3E OB AC Proposed C-Z r (SF- A) I Agricultural TR 3F 22.0 AC Agricultural M i 1 1 _ J I TR 303A 7.75 AC I» TR 302 2.0 AC TR 3C TR 3F TR 302 : 7.75 22.0 AC 2.0 AC W r » r r r r a AG AG TR 3e Mobil and Devel pment SF-1A SF-1A TR x E.77 AC 2.66 AC P.U.D.N1 Baker Baker 711 E. L Blvd. nthei Rucker r (This tract was Indicated to be a commercial use by P.U.D. �• ordi nce) 1 26 TR 3C T 1 AG 6.62 AC TR 5D2 4.57 AC I r P✓ V �^ TR 363 TR 3A TO 3A! ; : 2.79 AC O 2.95 AC 3.0 AC 1 � = 1A � a se i r.i ! . 9g25 2A 1c 1 2C r r 13-5 TR 302 0 .. � 4 s �H a .. • x v1 s Zw02 � a 0 U 9 • G Mir qh 7: Planning and Zoning Commission SUBJECT: ZA 90-24 Zoning Change Request We, the undersigned, are homeowners with property within 200 feet of the above referenced tract. We have no opposition to a residential development for this parcel. We are interested only in protection for the existing adjacent subdivisions. We have these major concerns: 1) That the lot sizes be consistent with contiguous lots, acting as a substantial buffer zone to the rest of the proposed development. 2) That the overall development blends with the existing subdivisions, gradually stepping down from one -acre lots to the one-half acre lots proposed as proximity to existing homes decreases. Respectfully submitted: IK . 0 Mv , wvwM �P" lit Z-a Akl s a Sign a re 4r61 e Phone Date Syu6la ►r Radress 1 r-i7 Lf.0pi- oioq 6-1 a — 070 Phone Date a/ S ri/ l rJ'4 //, vwrell `-Tf44; C/f'/% — IO Phone uate 5 o I A-ddr Pffo—ne Date /3-% Pla ning and Zoning Commission SUBJECT: ZA 90-24 Zoning Change Request We, the undersigned, are homeowners with property within 200 feet of the above referenced tract. We have no opposition to a residential development for this parcel. We are interested only in protection for the existing adjacent subdivisions. We have these major concerns: 1) That the lot sizes be consistent with contiguous lots, acting as a substantial buffer zone to the rest of the proposed development. 2) That the overall development blends with the existing subdivisions, gradually stepping down from one -acre lots to the one-half acre lots proposed as proximity to existing homes decreases. Respectfully submitted: Susan -T PaQe (,a -me ig Si na ure /0360 "DOM44 RIVb Aaar ss e-I a TD c- one �G Address �e Phone Datd U Address one Date Name Address X �� — P—YO Pholle Date 1-1-2-79 G-ice-y r oone Date Lv D II�e e) -/-9 a) /3-9 • Planning and Zoning Commission SUBJECT: ZA 90-24 Zoning Change Request We, the undersigned, are homeowners with property within 200 feet of the above referenced tract. We have no opposition to a residential development for this parcel. We are interested only in protection for the existing adjacent subdivisions. We have these major concerns: 1) That the lot sizes be consistent with contiguous lots, acting as a substantial buffer zone to the rest of the proposed development. 2) That the overall development blends with the existing subdivisions, gradually stepping down from one -acre lots to the one-half acre lots proposed as proximity to existing homes decreases. Respectfully submitted: 'D am ress Signature Fhone Mate Sigriature Phone Date 'l (� ` it 9,/) 114 /1 5 r(� '3 c Crk am Aaaress SignatUre FhOhe Uate ame ress Signature FFone Mal e Name AU Ur —es s gna ure Fhone Uate 10 3-tA mil^-- A V/ f 13- /3 Kt4o- q4U" z-q 90 -z.4- /z a c-jrP, z o ra re c -Lt (+uw 1w 5 Iz Lp � o � oS Ike re -wac,� z ( / YV CCCA,2 (IV1 iv i uM rx:-7 550 tZrim 5m&*, 4X 76092 p-4 z I5 �1,,.Q., w 9 0 AaLA.) C-V j2w� p ZA 9D-2`E C21.719 aen�a. �.'� /32pa,Pe,,,, �►�, d.`'" A--*- XgA,pir,� 7 -tP VIA 1..444c� G4�,1o, La1' s w .A A..&a-!,� aJ'�'°'a.e " f`iAa^'.c.P 47.A ar m. ,�. z. te tan. LX 13-15 § 211.004 LOCAL GOVERNMENT CODE any time. The policies of a comprehensive plan may only be implemented by ordinances duly adopted by the municipality and shall not constitute land use or zoning regulations or establish zoning district boundaries. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 458, § 1, eff. Aug. 28, 1989. § 211.005. Districts (a) The governing body of a municipality may divide the municipality into districts of a number, shape, and size the governing body considers best for carrying out this subchapter. Within each dis- trict, the governing body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land. (b) Zoning regulations must be uniform for each class or kind of building in a district, but the regula- tions may vary from district to district. The regula- tions shall be adopted with reasonable considera- tion, among other things, for the character of each district and its peculiar suitability for particular uses, with a view of conserving the value of build- ings and encouraging the most appropriate use of land in the municipality. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 211.006. Procedures Governing Adoption of Zoning Regulations and District Boundaries (a) The governing body of a municipality wishing to exercise the authority relating to zoning regula- tions and zoning district boundaries shall establish procedures for adopting and enforcing the regula- tions and boundaries. A regulation or boundary is not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circu- lation in the municipality. _ (b) In addition to the notice required by Subsec- tion (a), a general -law municipality that does not F-. have a zoning commission shall give notice of a proposed change in a zoning classification to each property owner who would be entitled to notice under Section 211.007(c) if the municipality had a zoning commission. That notice must be given in the same manner as required for notice to property owners under Section 211.007(c). The governing body may not adopt the proposed change until after 284 the 30th day after the date the notice required by this subsection is given. (c) If the governing body of a home -rule munici- pality conducts a hearing under Subsection (a), the governing body may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of the public hearing. Notice requirements pre- scribed under this subsection are in addition to the publication of notice required by Subsection (a). (d) If a proposed change to a regulation or bound- ary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three -fourths of all members of the governing body. The protest must be written and signed by the owners of at least 20 percent of either. (1) the area of the lots or land covered by the proposed change; or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. (e) In computing the percentage of land area un- der Subsection (d), the area of streets and alleys shall be included. (f) The governing body by ordinance may provide that the affirmative vote of at least three -fourths of all its members is required to overrule a recommen- dation of the municipality's zoning commission that a proposed change to a regulation or boundary be denied. Acts 1987, 70th Leg., ch. 149, § 1, eff. SepL 1, 1987. 211.007. Zoning Commission (a) To exercise the powers authorized by this subehapter, the governing body of a home -rule mu- nicipality shall, and the governing body of a gener- al -law municipality may, appoint a zoning commis- sion. The commission shall recommend boundaries for the original zoning districts and appropriate zoning regulations for each district. If the munici- pality has a municipal planning commission at the time of implementation of this subchapter, the gov- erning body may appoint that commission to serve as the zoning commission. (b) The zoning commission shall make a prelimi- nary report and hold public hearings on that report before submitting a final report to the governing body. The governing body may not hold a public hearing until it receives the final report of the zoning commission unless the governing body by ordinance provides that a public hearing is to be held, after the notice required by Section 211.006(a), r CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -,V_T� as AN ORDINANCE AMENDING ORDINANCE NO. 480, THE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF 3. 4-77 SOUTHLAKE, TEXAS BEING APPROXIMATELY A .A-� V11. WM �� Sv�vE`1 ACRE TRACT OF LAND OUT OF THE AND pe,srap -3* Na. 69r) , , MORE FULLY N ME Y DESCRIBED IN EXHIBIT 9vT�-� Qo2T�ow D� vL ZONING DISTRICT USES "A" F T(ZRt.T 3� _ TO EON G DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO, WITH THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE, CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City instituted a zoning case to amend the official Zoning District Map of the City of Southlake, Texas, as required by State Statutes and the Zoning Ordinance of the City of Southlake, Texas, and all the legal requirements, conditions and prerequisites have been complied with, the case having come before the City Council of the City of Southlake, Texas, after all legal notices, requirements conditions and prerequisites having been complied with; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites, safety from fire hazards and damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the over -crowding of the land, the effect on the concentration of City of Southiake, Texas - M E M O R A N D U M July 30, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-25 Zoning Change Request ZA 90-25 is a zoning change request for 3.477 acres out of the W.W. Hall Survey, Abstract No. 695, southern portion of Tract 3E. The tract fronts FM 1709, East of Diamond Circle Estates. The owner of the property is Homei Liao., The current zoning is Agricultural; the requested zoning is Commercial-2. There were ten (10) letters sent to property owners within 200 feet. To date, there have been two (2) responses: Ben E. Muir, representative for Beulah Cross, was undecided. Ken Gardner, 550 Bent Wood Lane, was undecided; "however, if tied to ZA 90-24 and 1/2 acre lots, then (he) opposes this application also." His property exceeds the 200-foot range. On May 17, 1990, June 7, 1990, and July 21, 1990, the Planning and Zoning Commission approved the applicant's request to table until June 7, 1990, June 21, 1990, and July 19, 1990 respectively. On July 19, 1990, the Planning and Zoning Commission recommended approval (6-0) of the C-2 zoning request. KPG CITY OF SOUTHLAKE APPLICATION FOR AMENDMENT TO ZONING MAP Application No. ZA To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue, Southlake, Texas. At the time of filing, the City Secretary will inform you of the public hearing dates for both Planning and Zoning and City Council. You must be represented at both of the public hearings. There is a $100.00 fee for zoning; it must accompany this application. NAME OF APPLICANT: ADDRESS: Homei Liao 2301 McCoy Road Carrollton, Texas 75006 See attached Exhibit 'A' ZONING REQUEST: FROM: A9 T0: C-2 This application must be accompanied by a list of the names and addresses of the owners of all properties within 200' of any part of the property'to be rezoned. A plat map of the property showing the area requested for rezoning is to be attached to this application. 1 • ii� �, . r � I1? � SIGNATURE F P FILING MUST BE OWNER OF�THE PROPERTY Before me, a Notary Public, on this day personally appeared A� /&__LIA d known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to be that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this �'�'day of , 19 IF NOTA&Y PUBLIC. IN AND FOR TEXAS My Ccmission expires the day of , 19�. 14-2 W ,i 1/ '; as �?-' 9 O g papa 3Ag s�a� LEI zw o U 9 Y o , d A -� iitsf - I e ell O� r iiil 10 All that certain lot, tract or parcel of land located in the W.W. Hall Survey, Abstract 695, Tarrant County, Texas, being a portion of that certain 25.196 acre tract described in deed to Homei Liao, Trustee and Jia Her Hwang, Trustee, recorded in Volume 7937, Page 294, Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a point in the North right of way (R.O.W.) line of F.M. No. 1709 and being at the Southeast corner of Diamond Circle Estates, the plat of which is recorded in Volume 388- 177, Page 7, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said point being further decribed as bearing North 00 degrees 09 minutes 00 seconds West 50.00 feet from the Southwest corner of aforesaid W.W. Hall Survey, Abstract 695; THENCE with a common line of Diamond Circle Estates and said 25.196 acre tract and generally with a fence, North 00 degrees 09 minutes 00 seconds West 235.61 feet to a point for corner; THENCE North 89 degrees 54 minutes 00 seconds East 290.00 feet to a point for corner; THENCE North 00 degrees 09 minutes 00 seconds West 28.95 feet to a point for corner; THENCE South 88 degrees 49 minutes 04 seconds East 319.58 feet to a point in the common East line of said 25.196 acre tract and West line of that certain 22 acre tract conveyed to Beulah B. Cross by deed recorded in Volume 3989, Page 640, D.R.T.C.T.; THENCE generally with a fence and with the common line of Cross tract and said 25.196 acre tract, South 01 degree 10 minutes 56 seconds West 272.09 feet to an iron pipe found in the North R.O.W. line of F.M. No. 1709 for the Southeast corner of said 25.196 acre tract and Southwest corner of said Cross tract; THENCE with the North R.O.W. line of said F.M. 1709. North 89 degrees 57 minutes 02 seconds West 603.47 feet to the Point of Beginning and containing 3.477 acres of land. 14 - `f City of Southlake, Texas - M E M O R A N D U M July 30, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-31 Final Plat of Sword Addition ZA 90-31 is the Final Plat of the Sword Addition, 13.638 acres out of the Benjamin J. Foster Survey, Abstract No. 519, Tract 1F. The tract is located on the east side of Randol Mill Avenue at Florence Road. The owner of the property is Johnny Sword; the applicant is Monica Haverkamp. The entire property is zoned Commercial-2. Mr. Sword proposes selling Block 1, Lot 1 to Mr. and Mrs. Haverkamp. No additional letters were required to be sent. In response to the issue of the underground gasoline storage tanks, City Attorney Wayne Olson recommended that the City not accept the Final Plat with the proposed road dedication until the owner of the property remove the tanks. On July 19, 1990, the Planning and Zoning Commission recommended approval (6-0) of the Final Plat subject to items 1 and 2 on the July 10, 1990 engineer's letter. 15-1 CITY OF SOUTHLAKE FINAL PLAT APPLICATION 2/07/90 TITLE OF PLAT: TlNUTTAL DEADLINE: TOTAL LOTS: TOTAL ACRES: 13. (off _ h � • � � / `lam wi. • 1 I' • t � i 4f-31- /d s-� I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinances No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480 and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the applicable Planning and Zoning Commission ands .li y Council�eetings to represent the enclosed request and address �y urVtesolved issue . Signed: For Ci a Only: Date: Q0 k,ktreby acge receipt of the preliminary plat application and the application fee in the amount o $ 1510 on this the day of K l n2 , 19 70 . Signed: 9 Title:'M' �ii�lU16cL�i�a' �re, following checklist is a partial summary of platting requirements required by the City of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 334 and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION On Plan Applic. Acceptable scale: 1" = 501, 1" = 100' North arrow, graphic & written scale in close proximity Vicinity Map Appropriate title, i.e. "A Final Plat of... Title includes City, County, State and survey name and abstract Title includes total gross acreage and date of preparation Name & address of record owner & subdivider (if different) Name, address and phone of Surveyor Standard approval block provided Proper format for owner's dedication and notary (Appendix) Proper surveying certification statement (Appendix) Courthouse filing record note provided ADJACENT PROPERTY (within 2001) Unplatted property: Name of record owner with vol. & page deed record Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page. Locate City Limit or E.T.J. Lines All survey lines shown and labeled Existing zoning label on this tract and adjacent property Existing easements adjacent to this property (Type & Size) _ Previously approved concept plans or preliminary plats Adjacent street intersections shown with street names 15-2 Mayor. Gary Fickes Mayor Pro Tern: Betty Springer Councilmembers: Richard W. Wilhelm Jerry Farrier Sally Hall W. Ralph Evans City Manager. Curtis E Hawk City Secretary. Sandra L LeGrand R City of Southlake July 31, 1990 Ms. Monica Haverkamp 8040 Berrybrook Watauga, Texas 76148 1121&krv�Irl 1�1t.a 0 Re: Block 1, Lot 1, Sword Addition Dear Ms. Haverkamp: In reviewing our internal records concerning planning and zoning activities currently pending in the City of Southlake, I came across the City Council Minutes for their meeting of June 19, 1990. As you may recall, you appeared at that meeting in reference to the plans that you and your husband have for the utilization of the "Sword" property. You will undoubtedly remember that that particular agenda item created a great deal of discussion among the various members of the council over the use or uses to which that property might be placed. I felt it only appropriate to follow-up with a written outline of the City's position on this matter in order to avoid any future misunderstandings. I have previously been advised that you and your husband have entered into some type of purchase arrangements to acquire Block 1, Lot 1, of the Sword Addition for the purpose of locating some portion of your family business (H & H Concrete) at this site. In our conversations, I have learned that your company is essentially a small concrete products company that specializes in providing decking around pools and the installation of patios. You advised the City that it is your intent to operate some element of this business in the rear portion of the existing feed/convenience store. The property in question is currently zoned C-2. The Zoning Ordinance of the City of Southlake specifically provides that while the C-2 district is a commercial district, it does not permit outdoor storage or the maintenance of any type of storage yard facility. The C-2 zoning district also contains strict limitations on the conduct of outdoor activities within this district. On March 29, 1990, the City received a complaint that outside storage of boats, trailers, hay, heavy equipment, etc. was occurring on the subject property. 667 North Carroll Avenue - Southlake, Texas 76092 (817) 481-5581 - FAX (817) 481-0036 15 _3 Ms. Monica Haverkamp July 31, 1990 Page Two I have been informed that the Code Enforcement Officer advised you and Mr. and Mrs. Sword that no outside storage would be permitted on this particular property as it would constitute a violation of the municipal zoning ordinance. During the months of April, May and early June, I had occasion to discuss the situation with you, Mr. and Mrs. Sword, and your attorney, Mr. Mike Cook, on a number of occasions. I hope that I was able to clearly express the City's position on this matter. In the event that I failed to do so, I would like to make one more effort in writing to clarify our position. A concrete or gunite business involving the storage of materials, the preparation of heavy equipment and the undertaking of significant outdoor activities centered on preparing material and equipment for use in construction projects would not be a permitted use within the C-2 zoning district. Please understand that I am advising you of this based upon our routine and customary understanding of what occurs in the average concrete or gunite business operation. In the course of our discussions concerning the Sword Addition, you have advised my office that you propose to utilize the Sword property as essentially a business office and not a construction yard or facility. It is our understanding that you will operate your business office to include the maintenance of records, the answering of telephones, the performance of routine correspondence and accounting functions at the Sword property site. At the June 19th meeting before the City Council you further indicated that you would do limited amounts of storage totally inside the building in which you have placed your office and this storage will relate to more sensitive items which need greater control and security. You have further advised my office that you would store one vehicle on this site with that vehicle being brought inside the building itself and locked up each night. On the basis of the information that you have given us concerning your projected operations for the Sword property, I have advised you that it appears to fall just within the permissible limits of business operations for a C-2 zoning district. I trust that I have emphasized that it is very close to the line. A concrete or gunite business is inherently an industrial -type operation and in and of itself would not be permitted on the Sword property site. 154 Ms. Monica Haverkamp July 31, 1990 Page Three I would like to be sure that you clearly understand that the H&H Concrete operation would be permissible on the Sword property only if it is operated strictly in accordance with the terms and conditions that we have previously discussed. In the event that you engage in any outdoor storage, it will be a clear violation of Zoning Ordinance. In the event that you engage in the maintenance or upkeep of heavy equipment on this site it will be a clear violation of the Zoning Ordinance. Any outdoor work such as the loading or unloading of vehicles and equipment, if it was more than minor and incidental to your office operation, would probably constitute a violation of the zoning regulations applicable to this district. Property in this area is also subject to more stringent controls under the City's noise control ordinance. Any significant noise in excess of that normally anticipated in the feed store/convenience store operation would be subject to investigation and regulation by the"City. I wanted to follow-up with a written outline of the limits of your Certificate of Occupancy in order to ensure that we do not have a misunderstanding at a future date. The reaction of the City Council and the public who were present at the June 19th council meeting should have given you some indication of how serious and how sensitive the zoning restrictions are in this area. You must understand that the City has had some problems in the past with very heavy commercial or industrial uses being located rather close to residential properties. These situations have not produced happy results. Our City is extremely sensitive to the problems that can be created by inappropriate land uses occurring in sensitive areas. You should realize that this issue will be an ongoing concern in the sense that strict compliance will be necessary unless and until the basic zoning of the Sword property is changed. I would urge you to do your very best to ensure that all of your employees and associates remain sensitive to the limitations on the use of this site in order to avoid any unnecessary conflicts over the zoning regulations. If I may provide you with any additional information or assistance, please feel free to contact me. Sincerely, CITY OF SOUTHLAKE Karen P. Gandy Zoning Administrator Ir tslrang toN TROPHY CLUB _ iYF.STLAKE N gkNTow COUAITIr TARRU O&WTY _ 1 OrSTRICTB 10 • IW i LAKE i a r GRAPEVIN -r _'- U8.1vas AL Nlltrr 1 "SMILE Oa3: RR All 1 3 It . C♦ ' s ngr zA. } — OtEfOigOtO�- 'MlOOOT to ma � = 1-Al LM .�. T■ODUM OARS l sue_ tte. Soot■tuts_„ rrb��=. j-tlltanE :Wtot1'v '= 1 Iwo■ 1 e m E ! t - *an to e •+ r IARESNE i �: 1 OO •f � % 1 NAiNE- f T E7E}CE/AN i� 1 �WT■Ot*IWI �r • W'40% �• — = aOE. itAl C1 r s .-EiaiAa ILL :3 Ct sEA►�T' La � IN ` S � � IO ENV rrcl I'ITL '0 1� r! low! r . 0■g! Si. w IV _ ■oul.aiiwUtI■� MIJ ON SCHOOL j _ 1•- sir � ;w 'ems-ii':.�.� 1•:: am FINE !lk— r �twc cr .'r tCTIgEtS Ra/�♦ E u■uaw g011■aY/!T■sg �\ crt�c •,h_ >• iiiltMtgw u . j `�} iiitii ti JACR 0. JOHNSON! •g •' ' i ji6r,s CT J we■ 1-n�O' �Y ELEMENTARY �+;[* r n■[.[otE: I - Og g a(w , 1 -� glauwST.L: A ultJ�tO� .� lA■ntEs■01[tgfisw000 '�' • �� ! vO0A�00i• � Q? `'au 1 ~rw �1 1 I�:t�Ct j ga . ME.Ntf aE■ ' 1 ac■'? , prE . •� ■a D#t c i ur if. != 1f INK cmx;* ♦•'' cANsoLt " 4•a, 1 SPUN N■ SCHOOL +~ _ tM r■n n _ @=X'FENMEAL• 7NT4anE wA_ IF N i ) - t CT ` itAAC j 1� 1 +�I *4FN COLLEYVIL ..... LE mw ■aAlE - 15-4 r C:T1 , HALL n. ■T■ M alti t zl,'0 U5 m u w < CEO IN N V 1 O `I s in f z .a ti vi U Q 3 � Q m w N w W V + 0 O w w < ; Q w f ~ N 1- H r P. 1� -_ < < w Ik to QN Q N Q Q f m f ..� • r cm 1- N ~ej}. Q F+ o N 0 � o`iM Z O1s 8a 3 � I i'tll I nv Z Cos til 15 -1 atn uta • w satyr sesrr rw�P. m Iaa.lt�! YlWP s • �- � ��L.11a Yilq '1't S 1 - � r I I I I - e L C w H �■ 8 Qo� = w . Q I. : . y- s _ � 3 o i = ► • F F y e s a .I I g8 I. I I, II M•YP.Ie.� tNll tN •L.iC>0 _..._.. w aawa w saw+ swtedse�t.� trw un'xw waa eui. � sue rasa I CHEATHAM AND ASSOCIATES July 26, 1990 Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: ZA 90-31; Second review of the Final Plat of Sword Addition Dear Karen: Our staff have reviewed the above mentioned plat received by our office on July 20, 1990 and we offer the following comments: * The Developer's Agreement for this addition should consider perimeter street and drainage, and open space requirements. * Original signatures will be required on each of the blackline mylars prior to filing the plat. If you have any questions, please call our office. Respectfully, Eddie Cheatham, P.E. * Denotes informational comment cc: Levitt Engineers ENGINEERS - PLANNERS - SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West - Suite 207 - Arlington, Texas 76006 817/633-1023 - Metro 640-4329 August 3, 1990 Mr. Curtis E. Hawk City Manager City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 RE: Block 1, Lot 1, Sword Addition Dear Mr. Hawk: During the platting process for the above -subject property, many concerns have been raised concerning the existence of underground gasoline storage tanks on the property and within the proposed right-of-way dedication to the City. In order to assure that there is no problem in the future, we would like to make the following covenants and representations to you. The undersigned agree to take full responsibility for the underground storage tanks, including any responsibility for the removal of the tanks and any clean-up or leakage which may occur or may have already occurred from the tanks and we agree to bear the full costs thereof. We further understand and agree that the above removal and clean-up shall take place as soon as required by either the City or any other governmental entity which may have jurisdiction over these matters. We further agree to indemnify, hold harmless and defend the City of Southlake from any and all liability or damages for personal injury, including death, or property damage, whether real or asserted, arising out of the existence, use or location of the underground storage tanks, including any costs associated with the removal, clean-up or leakage of the tanks or associated with the dedication of right-of-way to the City of Southlake, whether or not caused by the alleged negligence of the City of Southlake, its officers, agents, servants or employees. We further understand and agree that we are assuming all responsibility for the existence, location or use of the tanks whether or not any legal responsibility for same would belong to the City of Southlake and/or any prior owners or users of the property. Roger Haverkamp SUBSCRIBED AND SWORN TO BEFORE ME by Roger Haverkamp on this the day of , 1990. Notary Public in and for the State of Texas My Commission Expires: Type Print Notary's Name / 5- 91-1c.17 ) City of Southlake, Texas - M E M O R A N D U M July 30, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-32 Final Plat of SouthView, Phase II ZA 90-32 is the Final Plat of SouthView, Phase II, 14.614 acres out of the W.W. Hall Survey, Abstract No. 695, Tract 6. The property is located on the west side of North Carroll Avenue, approximately 1000 feet South of City Hall. The current zoning is SF 20A. The owner is Edwin T. Clark; the applicant is Dixtor International, Inc. Phase II proposes 24 lots with construction to begin concurrently with Phase I in August, 1990 On July 19, 1990, the Planning and Zoning Commission recommended approval (6-0) of the Final Plat subject to the July 10, 1990 engineer's letter with item #6 (corrected preliminary water, sewer, and drainage) to be completed prior to City Council meeting. KPG TITLE OF PLAT: SQUTN V E0 CITY OF SOUTHLAKE 2/07/90 FINAL PLAT APPLICATION SUBMITTAL DEADLINE: APPLICANT TOTAL LOTS: ) `f TOTAL ACRES: / � 6 / f 9,.,.F a 9 1 WOW On—= M v4-u--45, T 750 �0 PHONE: 4-- cl &0 -(J4-1 acER (if different) psi/WAwo 7A . 792q4 I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinances No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480 and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address anunrescAved issues. Signed: Date: For City se ly: I h acknowledge receipt of the preliminary plat application and the application fee in the amount of $ G, Y yC —° on this the X L day of , 19 Signed:"� h�, Title: following checklist is a partial summary of platting requirements required by the ity of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 334 and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shoran Not GENERAL INFORMATION On Plan Applic. Acceptable scale: 1" = 501, 1" = 100' North arrow, graphic & written scale in close proximity Vicinity Map Appropriate title, i.e. "A Final Plat of..." Title includes City, County, State and survey name and abstract Title includes total gross acreage and date of preparation Name & address of record owner & subdivider (if different) Name, address and phone of Surveyor Standard approval block provided Proper format for owner's dedication and notary (Appendix) Proper surveying certification statement (Appendix) Cie filing record note provided ADJACENT PROPERTY (within 200') Unplatted property: Name of record owner with vol. & page deed record Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page. _ Locate City Limit or E.T.J. Lines All survey lines shown and labeled Existing zoning label on this tract and adjacent property Existing easements adjacent to this property (Type & Size) Previously approved concept plans or preliminary plats 1412 Adjacent street intersections shown with street names WESTLAKE DEN 70N COUNTY TARRMT oC ijdf-- TROPHY CLUB R DISTRICT BoEM i IMEETrwa lee• LAKE �. m , 'Man_. GRAPEVIN 1 � • s- IS ' w imw r� r ATeT3 + I r 1 loomIytte/ 2 Mee•le V t ! MelE ISO ett; n I>C ! ' Its f ^ KNOW 19 to a+ + va ieeOr to enn Cear•E s, ` ■ Teal uaa a< �, TrSM IM � . sear. uat S: sun li K E S S �-4 IteE p • a? ! ,wao+ `s 1 NKLM IN ! CMIREOT No i� 1 mar [ UR1dV. r IIeE TUL CT ss 3 i Y w 1 �Keara M ■ ' w etacr� �raTteesr JIM St- or fQ -� rS ! •.'fj S eeR fr.E `: :� E�IE•aU CNI ;• iV J to; ; } NICK SCNOK �; J f r�� rtiCitoii•ie a eoirr aeT tr {j Piz i r WI~`._ s �1•i �• J �.ri_ ��n ► r s ti��' Cl t WOGtt^+^a��; rCTMI' •arri M i ae 1 bt 11901' To n� r 1 to = a t•Rlopae :a r� pEE1C j S .E R i i ' s .uct cr •aI4 l R 0. JONNSOM �a N { tae�al:T •� �' t Ty r .i. ' KRY! ST_ *M� a1giM0 Sr�� ,+y'� 1 •ol G�0 "--i FAMIS $1 f aM00e ♦ L f� 0e� •� r _ �. __ �� : �1� • !j? `BOSS TOIEE�~�4•� si is �I► v,Abd _ ,�f r�MEWtI Rsum n f ctEe O!�C♦I —_ ltote•taa.e 1: a Cue N T• f =�fs- t� CO•E ! tt i� � IME- N le11000E ■ • Mp114- e•lE CKER CARROLL RDfr SCHOOL � sr taatueee� M�"j ENUTCT r Y l00 ia�l - Niu :+Lan _ r r� E.CENTENNIAt 4f+, ~ -. t•ARR - � � �� DEL m1man.a-w-- s F � � w SIMMONS[ 1 9 1 w4 w, �r`Y a twtwEeT•t Ea•e_w .` i � 1 u ►otneq LT A is 1.ec ; s w � 1 1 1 - + peTl•t•Tlt 111E I CARROLL Mv -i5"0t j (� � m' EjjMERTART ,tT • r ♦ WiiT L` s e4,; 1 : s c �%I i �. -3 l COLLEYVILLE Je,,,,,n 3 ' i N P v♦ OI M = O (> Pf . 44 a p u I.- o 3. w (� 1 N � L LR� +'• 1 •� 1 v R < i I•• .- z s �• w 40 N `• it 8-0 Lo A_ u O < .. e< SW I�Cw 7 n N I.- A S O 1- Ml 1 O O r v 3 ' . M r M C O A Of .. 4CO.0 1 �d� LRe 00 0 WV .,C win110 W u C M 7 0, i Qi U3 �~ V V • M `. O twv GO_ � N �O V 1 N psi CA Lf L.3 L 0 rp XH • O 7 L -> N im \ m OC G C w i.. 1 ao w • $ « OA18 ON ONriO 3AIelG mynr His � m w • b 1 1 ► .. I ;rn'i IL-5 CHEATHAM AND ASSOCIATES July 26, 1990 Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: ZA 90-32; Second review of the Final Plat of South View, Phase II Dear Karen: Our staff have reviewed the above mentioned plat received by our office on July 25, 1990 and we find the applicant has met the requirements of our previous letter. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. Minimum finish floor elevations may be required on the following lots pending review of construction plans: Block 1, hots 27 and 28; Block 5, hots 3-6, 10 and 11. * The Developer's Agreement for this addition should consider perimeter street and drainage, open space requirements, off -site sewer extensions, and off -site grade -to -drain permission. * Original signatures will be required on each of the blackline mylars prior to filing the plat. If you have any questions, please call our office. Respectfully, Eddie Cheatham, P.E. * Denotes informational comment cc: Levitt Engineers 1�_4 ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 • Metro 640-4329 City of Southlake, Texas — M E M O R A N D U M July 30, 1990 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-33 Final Plat SouthRidge Lakes, Phase III ------------------------------------------------------------- ZA 90-33 is the Final Plat of SouthRidge Lakes, Phase III, 28.813 acres out of the A.A. Freeman Survey, Abstract No. 522. The property is located East of North Peytonville Avenue and North of SouthRidge Lakes, Phase I. The property is zoned SF 20A. , The owner/developer is Arvida/JMB Partners, L.P.-II. Phase III includes forty-nine (49) residential lots. On July 19, 1990, the Planning and Zoning Commission recommended approval (6-0) of the Final Plat subject to the engineer's letter dated July 10, 1990. m KPG 17- 1 CITY OF SOUTHLAKE 2/07/90 FINAL PLAT APPLICATION SUBMITTAL DEADLINE: APPLICANT TOTAL LXS : q q TOTAL ACRES: 0. V3 OV M (if different) NAME: ADDRESS: PHONE: I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinances No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480 and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the applicable Planning and Z Commission and City Council meetings to represent the enclosed request and address OY lunrved issues. Signed: Date: For City se ly: I her acknowledge receipt of the prel' plat application and the application fee in the amount of $ Lz 9 9U, on this the- day of , 1926 . Signed: Alt/ry "rid,4t Title:n� itey following checklist is a partial summary of platting requirements required by the ity of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 334 and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION On Plan Applic. Acceptable scale: 1" = 50', 1" = 100' North arrow, graphic & written scale in close proximity Vicinity Map Appropriate title, i.e. "A Final Plat of..." Title includes City, County, State and survey name and abstract Title includes total gross acreage and date of preparation Name & address of record owner & subdivider (if different) Name, address and phone of Surveyor Standard approval block provided Proper format for owner's dedication and notary (Appendix) Proper surveying certification statement (Appendix) Courthouse filing record note provided ADJACENT PROPERTY (within 200') Unplatted property: Name of record owner with vol. & page deed record Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page. _ Locate City Limit or E.T.J. Lines Ar► All survey lines shown and labeled Existing zoning label on this tract and adjacent property Existing easements adjacent to this property (Type & Size) Previously approved concept plans or preliminary plats Adjacent street intersections shown with street names 17- Z LOCATION MAP CHEATHAM AND ASSOCIATES July 25, 1990 Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: ZA 90-33; Second review of the Final Plat of South Ridge Lakes, Phase III Dear Karen: Our staff has reviewed the above mentioned plat received by our office on July 25, 1990 and we offer the following comments: 1. A R.O.W. dedication is needed on the curve of Peytonville Ave near Lot 39 of Block 3. Currently the thoroughfare plan requires a 64' R.O.W. for Peytonville Ave through this area. Section 5.03-F-1 requires a centerline radius of 600 feet for a 64' R.O.W. We would recommend a revision to the thoroughfare plan for Peytonville in this area due to prior revisions by the City. We would recommend a 64' R.O.W. through the curve going north, transitioning into a 50' R.O.W. north of the curve. We would then recommend a 400' radius curve in this area. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations. The Developer's Agreement for this addition should consider drainage and open space requirements. * Original signatures will be required on each of the blackline mylars prior to filing the plat. If you have any questions, please call our office. Respectfully, Eddie Cheatham, P.E. * Denotes informational comment cc: Levitt Engineers ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive We 207 • Arlington, Texas 76006 817/633- 11 ;5 :tro 640-4329 City of South lake, Texas - M E M O R A N D U M July 30, 11990 r TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 90-19 Replat of Lots 4,5,6, Block 1, Cedar Oaks Estates ------------------------------------------------------------- ZA 90-19 is a Replat of Lots 4, 5, & 6 , Block 1, Cedar Oaks Estates, being 11.815 acres out of the John Childress Survey, Abstract No. 253. The property is located East of Morgan Road and South of Oak Hills Mobile Estates. The owners of the property are R.D. "Skip" Turns, Jr. and Thomas Benner. The property is zoned Single Family -IA (SF-lA). The replat proposes one (1) five -acre lot and six (6) one -acre lots. There were thirty-nine (39) letters sent to property owners within 200 feet. There have been two (2) inquiries: Mrs. Hance, 1685 Oak Lane South, and Mrs. Raines, 1635 Oak Lane South, both inquired but offered no opinion. During the first public hearing, Mr. Saunier, 1800 Sleepy Hollow, opposed the replat due to the following: 1) would change the present character of the subdivision, 2) decrease the property value, (3) drainage, and 4) septic system seepage. Eighteen (18) property owners within Cedar Oaks Estates presented a petition requesting that the Commission deny the replat as presented. This petition appears to be a legal protest by "owners of at least 20 percent of the area" adjoining the proposed replat within the original subdivision. To approve the proposed replat, an affirmative vote of at least three -fourths of all members of the City Council would be required for approval. On May 3, 1990, May 17, 1990,and June 21, 1990, the Planning and Zoning Commission approved (6-0) the applicant's request to table the item until May 17, 1990, June 21, 1990, and July 19, 1990 respectively. Ig- I City of Southlake, Texas Curtis E. Hawk, City July 30, 1990 Page Two Manager On July 12, 1990, two (2) property owners requested that their names be removed form the protest petition: Mr. and Mrs. Larry G. Foreman, 1755 Sleepy Hollow, and Mr. and Mrs. C.F. Adams, 1775 Sleepy Hollow. Despite this change, the existing petition still represents more than twenty percent (20%) of the land area within 200 feet in Cedar Oaks Estates. On July 19, 1990, the Planning and'Zoning recommended approval (6-0) with item #1 on letter dated June 12, 1990 and keeping the R.O.W. with curb and gutter. Va KPG Iq- z Commission Engineer's sixty -foot (601) CITY OF SOUTHLAKE PRELIMINARY PLAT APPLICATION 2/07/90 TITLE CaF PLAT: Replat of Lots 4, 5 & 6, Blk. 1, Cedar Oaks Estates Y• �I �l � I April 9, 1990 NAME: Skip Turns ADC�SS: 2406 Forest Meadow Lewisville, TX 75067 TOTAL LOTS: 7 TOTAL ACRES: 11.815 OWNER (if different) and also Thomas Benner 3131 Oak Hill Road Carrollton, TX 75007 PHONE: 214 A62 2782 (Zi4) 315- 5184, 214/492-2000 I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinances No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480 and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further•understand that it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed request and address any unresolved issues. Signed: /� Date: 7' Z- 9,0 For City Use Canly: I hereby acknowledge receipt of the prelimi plat application and the application ou fee in the amnt/�of $ -2 20, -' on this the y day of 19�. r Title:llowing checklist is a partial sumnary of platting requirements required by the City of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 334 and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION Can Plan Applic. X Acceptable scale: 1" = 50', 1" = 100', 1" = 200' X North arrow, graphic & written scale in close proximity X Vicinity Map X Appropriate title, i.e. "A Preliminary Plat of... X_ Title includes City, County, State and survey name and abstract X Title includes total gross acreage and date of preparation X_ Name & address of record owner & subdivider (if different) X Name, address and phone of Engineer/Surveyor/Planner X Standard approval block provided ADJACENT PROPERTY (within 200' ) X Unplatted property: Name of record owner with vol. & page deed record , X Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page. X Locate City Limit or E.T.J. Lines X Existing zoning label on this tract and adjacent property —AW- Existing easements adjacent to this property (Type & Size) x Previously approved concept plans or preliminary plats _x_ Adjacent street intersections shown with street names ?-3 SbYAM Not GENERAL SITE INFORMATION 2/07/90 On Plan Applic. X Legal description of the land to include: Owners deed reference, Name Of survey, abstract, county, state, POB tied to survey corner, Previously filed subdivision corner or USGS monument, total acreage.- `C Point of Beginning labeled on plat ' Subdivision boundary in heavy lines, with distances - and bearings shown thereon that match legal description X Existing R.O.W. shown, labeled and dimensioned, i.e. public streets, highways, alleys, private street/drives, railroads, etc. X Show existing traveled roadway widths X General outline of area embraced by tree cover X All existing easements shown (Type & Size) X Existing structures shown (Note whether to remain or not) X Utility easements: Where adjacent property is unplatted or platted showing a 5' U.E., provide a 5' U.E. along the property line; if adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line X 10' U.E. along S.H. 114, F.M. 1938, F.M. 1709 X Street alignment in accordance with ordinance requirements X Curvilinear street requirements met (No. 483-5.03A) , X Street R.O.W. dimensioned X Sufficient street stubs into adjacent property (No. 483-5.03-K-1) _ X Street names provided not similar to any existing street names Y_ R.O.W. dedication in accordance with the thoroughfare plan shown and dimensioned X Lots and blocks labeled with numbers in consecutive order Drainage and utility easements labeled and dimensioned Front building setback lines labeled or noted X 50' setback line shown on S.H. 114, F.M. 1709, F.M. 1938 x Lots to be dedicated for public use, labeled as such i.e. schools, parks, flood plains, open spaces, etc., showing acreage and general perimeter dimensions (No. 483 Article VII) . X Parcels reserved for private use shown as described above X Any proposed zoning labeled as such x Quantitative land use schedule provided (No. 483-3.02-C-30) X Scaled dimensions of all lots, street R.O.W., easements, etc. X Approximate flood plain and floodway limits shown. X Any easements to be abandoned (No. 483-3.07-C) X Minimum lot width of 125' on certain lots (No. 483-8.01-F) x 30,000 sq. ft. min. lot area on certain lots (No. 483-8.01-F-3) Not Included Included PRELIMINARY ENGINEERING PLANS _ X Preliminary water layout showing all existing and proposed lines adjacent to the property and within the tract X Preliminary sewer layout X Preliminary drainage study by Professional Civil Engineer provided with contours in conformance with criteria in Ordinances No. 483 (3.02-C-33) and No. 482 IS-q § 212.015 LOCAL GOVERNMENT CODE county tax roll within 200 feet of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the bound- aries of the municipality. (c) If the proposed replat is protested in accord- ance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three -fourths of all members of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal plan- ning commission or governing body, or both, prior to the close of the public hearing. (d) In computing the percentage of land area under Subsection (c), the area of streets and alleys shall be included. (e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part of a preced- ing plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally re- corded plat or in the legally recorded restrictions applicable to the plat. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 345, §§ 2 to 5, eff. Aug. 28, 1989. 212.016. Amending Plat (a) The municipal authority responsible for ap- proving plats may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the following purposes: (1) to correct an error in a course or distance shown on the preceding plat; (2) to add a course or distance that was omitted on the preceding plat; (3) to correct an error in a real property de- scription shown on the preceding plat; (4) to indicate monuments set after the death, disability, or retirement from practice of the neer or surveyor responsible for setting 18 _..-4-T- (5) to show the location or character of a monu- ment that has been changed in location or charac- ter or that is shown incorrectly as to location or character on the preceding plat; (6) to correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) to correct an error in courses and distances of lot lines between two adjacent lots if: (A) both lot owners join in the application for amending the plat; (B) neither lot is abolished; (C) the amendment does not attempt to re- move recorded covenants or restrictions; and (D) the amendment does not have a material of the adverse effect on the propertyrights other owners in the plat; (8) to relocate a lot line to eliminate an inadver- tent encroachment of a building or other improve- ment on a lot line or easement; (9) to relocate one or more lot lines between one or more adjacent lots if: (A) the owners of all those lots join in the application for amending the plat; (B) the amendment does not attempt to re- 2. move recorded covenants or restrictions; and_ (C) the amendment does not increase they number of lots; or ` (10) to make necessary changes to the preced-.'_— ing plat to create six or fewer lots in the subdivr sion or a part of the subdivision covered by tbe— preceding plat if: (A) the changes do not affect applicable ing and other regulations of the munic;*Bia (B) the changes do not attempt to amI remove any covenants or restrictions; a(C) the area covered by the changes ed in an area that the municipal plannimission or other appropriate governing the municipality has approved, after hearing, as a residential improvement a (b) Notice, a hearing, and the approval of o _ lot owners are not required for the approval issuance of an amending plat. 5 is 1987, 70th Leg., ch. 149, § 1, eff. Sept 1, 1 - • fended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. A 1989. ' Kenneth and Maudine Saunier 1800 Sleepy Holloo, Southlake, Tees 76092 Telephone 817:481-3966 May 2, 1990 To: City of Southlake, Planning and Zoning Commission From: Kenneth and Maudine Saunier, Owners of Lot 7, Cedar Oaks Estates, Southlake, Texas Re: Case No. ZA 90 - 19 Replat of Block 1, Lots 4, 5, & 6, Cedar Oaks Estates owned by R. D. "Skip" Turns & Thomas Benner We are the owners of Lot 7, Block 1 in Cedar Oaks Estates and are taking this means of expressing our concerns regarding the application for a Final Replat of Lots 4, 5, & 6 that is presently be considered by the Planning and Zoning Commission. Lot 7 is approximately 7.5 acres and lies immediately East of Lot 6 which is one of the lots involved in the replating. Lot 7 has a house and guest house totaling over 4500 square feet and approximately 6500 square feet under roof. I am the builder of the residence and we moved into ourhome inthe fall of 1984. We believe that the proposed change in Lots 4, 5, & 6 will adversely effect our propeityforthe following reasons. 1. THE PROPOSED USE OF THE LAND IS NOT COMPATIBLE WITH THE ORIGINAL INTENT AND PRESENT CHARACTER OF THE SUBDIVISION. The existing covenants and restrictions state that only one dwelling may be erected orplaced on any one lot. Although in the early days of the Subdivision a number of lots were subdivided, in every case the divided lots did not require the building of new roads and fortunately did not change the original character of the development. Although the dwelling restrictionis 2000 square feet, 90% of the existing homes are in excess of 3000 square feet and many are over 3500 square feet. This size of home represents a considerable investment. Further, Lots 4, 5, 6 and Lot 11 are the only Lots in the subdivision that do not have a dwelling. The majority of the present owners made a sizable investmentin their lot and home because of the character of the subdivision and sincerely believe that building at least 7 homes (and possibly more) would have a serious negative economic impacton the value of our property. 2. PROPERTY VALUES. Building 7 or more dwellings immediately West of our property would change the distinctly rural atmosphere and is one of the primary reasons that we purchased our lot and presently helps to retain its value. Will the homes built on the proposed lots be in excess of 3000 square feet? Will the new lot 7-R be again subdivided in the future to allow for the building of four or five additional homes? It is our feeling that the proposed changes suggested for lots 4, 5, & 6 could have a negative impact on the value of our property. 18- 3. SLEEPY HOLLOW ROAD. Was the existing road named Sleepy Hollow designed to bare the traffic the proposed changes would bring abou-tT Children are now free to ride their bicycles in the neighborhood. An additional 7 or more lots would e�cpaad the vehicle traffic considerably and change the character of its use. The use of Sleepy Hollow Road is quite different than that of Morgan Road and other roads in Cross Timbers, for example. 4. DRAINAGE. Lots 7 and 8 are at the bottom of Sleepy Hollow and get all of the drainage from the subdivision. We have alreadyreached the saturutionpoint because of the rain during the last two years. The new homes in Cross Timbers and Cedar Oaks have resulted in the flooding of Higgins Creek on a number of occasions. The runoff from three or four additional homes can be tolerated. It is our feeling that the runoff from 7 and possibly 11 homes would seriously overload the present Drainage Easement and actually cause damage to lots 7 & 8. 5. THE VERY SERIOUS PROBLEM OF SEPTIC SYSTEM SEEPAGE. There are a number of places in Southlake where the excessive rains have created severe ground water seepage. The Tarrant County Health Departmenthassaid that whenpresentconditions exist very long that septic systems do not work and the septic a can and will seep to the surface. Families have had to go to considerable expense to install French drains on their property that continually have a water flow. Our property is an excellent example of ground water flowing to the surface as we are the lowest point in the subdivision. Building seven or more large septic tank fields within 300 feet of Lot 7 would mean effluent seepage to the surface in our front yard. The negative impact of this predictable inevitability is very obvious to most residents of Southlake. We feel that there is apotential health and welfare hazard to Lot 7 and also to Lot 8. 6. WE WANT TO SEE HOMES ON LOTS 4, 5, AND 6 AND 11. These are the only four lots in Cedar Oaks Subdivision without homes. We are very interested in the land being developed. We are also willing to look favorably at plans to subdivide lots 4, 5, & 6. Seven (7) of the original lots in Cedar Oaks have been subdivided into two lots each. To not consider the same possibility for lots 4, 5 & 6 would not be fair or honest. We believe there is a better way, however, to further divide the lots in question and further feel that the probable maximum would be six and that this would be consistent with the past. Thank you for allowing us to present our feelings about the proposed changes in Lots 4, 5 & 6 and we respectively request that the City of Southlake Planning and Zoning Commission deny this particular application for a final Plat in Case No. ZA 90-19. MAY 1,1goo W . To: CITY OF SOUTHLAKE PLANNING &ZONING COMMISSION From: The Following Property Owners In Cedar Oaks Estates Re: Case No. ZA 90 -19 We, the undersigned properly owners of lots in Cedar Oaks Estates, hereby respectivelyathe kyof Southlak* Planning and Cornrnleslon to deny if*splcatlontoraFinal Replatof LLots 4, 5, & 6Bkdc 1. Zoning do so Ibr the IbIW ng reasons: 1. When we purchased our lots we did so because of the characberof the development which Included the resa'ktion that only one dwelling may be'erected or Placed on any one W and the kfs were deAned and approved In" 1979. This covenant and resWctlon Is binding upon all parties and all persons. 2. The proposed use of the land Is incompatble with the original Intent and present character of the devekoprnentr would result In unnecessary overcrowding and congestion and have an adverse tnpact on the subdivision. THANK YOU FOR YOUR CONSIDERATION OF OUR REQUEST. Address Ut 1 %2 S S/e•eew )-, /Z. [c�� 010 U �'1 t o�` ,trw l Q 1TasT�,-1,� 19) 1 .1 /2Z3 iLter�Ja,J 2.1. l� 1S"DO cez.-- If -9 A Addrom / W-M4 A 7-1 s' l�i►�ISM, , ,,. . , c►1 R.D. "Skip" Turns, Jr. 2406 Forest Meadow Lewisville, Texas 75062 July 12, 1990 To: City of Southlake, Planning and Zoning Commission From: R.D. "Skip" Turns, Jr. Re: Case No. ZA90-19 Attached are the signatures of two of the five residents, who live within 200 feet of my property, removing their names from the Replat petition. Although I was unable to contact the other three home owners, I did send each of them a letter giving them the details of the Replat. I also asked each of them to call me if they had any questions or concerns about the Replat. Since no one has called, I assume they are satisfied with the changes we've made. In addition, I sent a letter to each person who signed the petition (except for one who's name I could not read) giving them the details of the Replat. Since none of these residents came to the June 21st Planning and Zoning Commission meeting I must also assume that they are satisfied with the changes. Thank you. Attachment 1 g-10 R.D. "Skip" Turns, Jr. 2406 Forest Meadow Lewisville, Texas 75062 July 11, 1990 To: City of Southlake, Planning and Zoning Commission From: R.D. "Skip" Turns, Jr. Re: Case No. ZA90-19 Please remove our names from the petition regarding the Replat of Lots 4, 5 & 6 of Cedar Oaks Estates (Case No. ZA90-19). THANK YOU. Name Address Lot # •»-t_ 1 7J J � •Stec Ybw [� 14 775- 6,4�" X/� � . 0 TROPHY CLUB WMTLAKE OENTON COUNTY 1 TARRANT COIJNTr- tL L 'LE R FAWKES W r: �_ FLIIENCE�� NO' 1 J DISTRICT SOUR 10 RtT 1= IU yi MUM EN; s MdcilKGiIN1 to ri � � 'i � OA[IANE. ■ 17.ANIAININ ON s` 1 e o `.CME 1 3e t CHEEK, �oliFii 11 oQ � Moto e. 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T1TA 1Cf 3.00 /.1 / 0�1 C�2o 9 TA >s to 1c 2.209 0 /.714 / TA a TA 1 a . 10 Ac 1 i ES,�p1ES �pMP 23A�5 as 1 .> �■ 1 , *« Iln:} L � „'' TA Conatser I ! f0 it 12 1 �f — — CAKIAIE NORTH tR 7A 1 TR j1/ a-� I��a p AN1CC -- — Tt T. ,R -- s — itIEIY TR SF-1�� K Gs77 JAAJ li1V ?MV, , tR 1 R TA 1/ ma . ' I111l.Sa ' %1 .2}e Qii.j�_� Ac1r A^ ( 3 / ' 1 13AM E TR a Tffi � LOW � � ® 7 � f (� 0 �+ Q `' f. 1 UIT 3A IAIi X" WE 7A30 aA1 7Af 1/!f Illi MY 3/ AI f%1L S f� f/fJ !.'1� Ae�� r �1L _ .A110 a� Ronnal London .R.Tompk 2 Moo Rex Moore 10..i33`AC SF-1 TA.a/1 AG a 1 AG .D.Rodg s SF-1 SF-1 s Kenneth Saunier 7A 1 1A 1/ SF 1 SF-1 K. WiersTn . 7 SLEEPY NOLIOM 1 1 B.I;. Smith � E. Johnso GEpA B�5 SF-1 1 i 7• SF-1 S !!A "A �O fU SF-1 C.F.A SF-1 D.McAlist L.G.For f! _ 1 SF-1 .W.De J.F.Holb k SF-1 .Dunbar etter in in 318 / G. Pennington 1!/ SF-1 B.D.Wood R.L.Corn 11 SF-1 .} 11 SF .1 SF-1 H.A.JonesII J.C.Kelle T.Jacobs G•R•Stewart SF-1/ 17A2 Johnson 1 1 SF-1 ----- -- is 13 Stewart A Murphree, Inc. P. B. Moore, . A. Salomon 1a-/1 PA1 SF-1 SF-1 SF-1 a2A SF-1 - SF-1 4 TA.a I.a5 Ae M p a H so 7/ 7/ 77 SS FOREST LANE NI�C)EY �$ 7/ J CSp'Z53 42 70 71 72 73 71 7/ 19-13 / 1o.Sa� AC ToV1 A / M1 � � 7 I- s tea} ------ �r------------j�---=t----------� -- = �I I ` 1 e N own L- - - - - - - - - - \ \ - - - -��o S iIYZQ i.Ll.fi0.10 N \ 1g-IMF 11 1 JI �I L�. = IS.o AGES "rc=154-10=Z�MIN. I5= 4.z IN./Hr-. Qs- 3i.s C.FS. Imo= 7.'5 ►H./Ne. ep,Go' 54.8 C.F.S. Z4' F.C.P (9 4.4'r.,,v = 54.o C.FS. CHEATHAM AND L ASSOCIATES July 26, 1990 Karen Gandy Zoning Administrator City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: ZA 90-19; Third review of the Preliminary Plat of Lots 4R1-4R7, Block 1, Cedar Oaks Estates Dear Karen: Our staff has reviewed the above mentioned Preliminary Plat received by our office on July 25, 1990 and we find the applicant has met the requirements of our previous letter. If you have any questions, please call our office. Respectfully, Eddie Cheatham, P.E. cc: Washington & Associates ENGINEERS - PLANNERS - SURVEYORS A Subsidiary Firm of So 'inning and Design, Inc. 1170 Corporate Drive West - ( S -16 ' - Arlington, Texas 76006 817/633-101, ...cuu 640-4329 c:LDING. BARRETT TEL: 817-560-3953 Jul 25.90 14:55 No.002 P.02 July 25, 1990 Mr. Don G. Teer 1320 Blue Teal court Southlake, Texas 76092 Re: Subordination of Mechanic's Lien on Lot 17, Block 2, Dove Estates Addition Dear Mr. Teer: You have requested that the City of Southlake agree to subordinate its Mechanic's Lien, dated January 27, 1981, in the principal amount of $2,000.00 on the above -subject property in order to allow you to obtain a home improvement loan from the Veteran's Land Board of the State of Texas. The City of Southlake is agreeable to this request, subject to the terms and conditions set forth in this letter. In consideration for the execution of the Subordination Agreement dated June 22, 1990, you have agreed to pay to the City of Southlake the sum of $20.00 per month, with the remaining balance of the Mechanic's Lien Note being due and owing on January 27, 1996. The City of Southlake will include in your monthly water bill this additional $20.00 amount each month beginning August 1,. 1990, and you agree to pay this amount with your water bill on or before the due date of said water bill. It is specifically understood and agreed that this letter is not intended to and shall not operate to release the above -described Mechanic's Lien, but shall act as a renewal and extension of the Mechanic's Lien Note which you previously executed for the installment of the septic system improvements. If the terms of this agreement are acceptable to you, I would appreciate you signing this letter below in front of a Notary Public and returning it to me for filing in the Deed Records. If you have any questions regarding this matter, please let me know. Very truly yours, Curtis E. Hawk City Manager WY,O/kt aiske\tw-01 TIE STATE OF TEXAS, COUNTY OF %mmw TMS CONTRACT made and entered into by and between Don G. Teer, and wife Charlotte Teer, Parties of the First Part, and England Systems, Inc. Party of the Second Part, all of Tarrant&Dallas County, Texas and the City of Southlake, Tarrant County, Texas, eas Third Party Beneficiary. Party of the Second part hereby con ractl andUS �� to build, construct and oomplete, according to the plans and apedficadOw this day agreed upon by Parties hereto, and to tannish and provide all labor and material to be used in the construction and erection thereof, certain improvements for Parties of the First Part to be aitustsd upon the following described premises, which premises Partiias o! the First Party hereby declare they own in fee simple, free and clear of any liens and encumbrances recorded or unrecorded, except as herein provided, same being in Tarrant County. Texas, to -wit: 1320 Blue Teal, Southlake, Tarrant County, Texas, Lot 17, block 2, Dove Estates, Southlake, Tarrant County, Texas To the fullest extent permitteP by law, the party of the First Part shall indemnify and hold harmless the City of Southlake, Texas, and its agents and employees, from and against all claims; damages, lawsuits and expenses, including but not limited to attorney's fees arising out of or resulting from the performance of the work contemplated under this agreement or arising from the use of the septic sewer system by the party of the First Part. Further, the party of the First Part agrees to pay the City of Southlake, Texas all reasonable attorney's fees incurred by said party in the defense of any claim against it arising from or resulting out of the installation and construction of the said septic sewer system and/or any claims, actions or causes of action against said City arising out of the use of said septic sewer system by the party of the First Part or arising out of the location of the septic sewer system on the property of the parties of the First Part. This indemnity is intended by all parties hereto to include injuries or damages sustained by any persons or their property. The consideration for this indemnity provision is the agreement by the City of Southlake, Texas, to pay the cash portion of the instal- lation costs being in an amount of Two Thousand and N0/100 ($2,000.00) and the purchase by said City of the promissory note in a principal amount of Two Thousand and N0/100 Dollars ($2,000.00) executed by the Parties of the First Part to England Systems, Inc., representing the balance of the purchase price of said system. It is further understood by all parties hereto that the said sewage treatment system being installed pursuant to this agreement shall be the sole property of the Parties of the First Part and shall not be owned in any manner by the City of Southlake, Texas. The amounts being paid by said City represent payments to secure only the rights of showing said system as a demonstration model for one year after installation. The parties of the First Part agree to maintain the sewage treatment system being installed and constructed pursuant to this agreement, in good working order, at their own expense for so long as the promissory note, or any part thereof, executed under this agreement is outstanding. Such obligation shall extend only to such maintenance and repair as is within the control of the parties of the First Part and if such system should became inoperative as a result of circumstances or conditions outside of the control of the parties of the First Part, such parties shall have no obligation to repair said system, but such shall in no way affect the liability of the Parties of the First Part for payment of the promissory note hereunder or the liens created by such promissory note or this contract. Further, the parties of the First Part agree to obtain an annual inspection upon such system by a person or entity qualified to perform such inspection during each of the first five years that such system is installed and operative. It is further understood and agreed that should the City of Southlake, Texas be required to bring legal action against the parties of the First Part to require said parties to ccouply with this provision, said City shall be entitled to an award of reasonable attorney's fees in connection with all such legal proceedings undertaken hereunder. ....,...... w ynacea TJJUCV,n. And Parties of the First Part to SECURE AND ENFORCE THE PAYMENT OF SAID IN- DEBTEDNESS and of the further consideration, now, purposes and trusts herein set forth and de- clared, have Granted, Barsained and Sold, and by these presents do Grant, Bargain, Sall, Alien, Convey and Confirm. nett William H. Smith As Trustee, Party of the third part, and also to the Substitute Trustee, as hereinafter provided, all of the hereinbe- fore described real estate and improvements. "The lien created hereunder is secondary to that certain purchase money mortgage lien reflected by a deed of trust dated April 11, 1977, and executed by Don G. Teer, et ux, as grantor to Dee S. Finley► Jr-, et al, as trustee and Gilbraltar Savings Association (formerly, Equable Savings Association, as beneficiary, securing that certain note dated April 11, 1977, in the principal amount of $39,600.00." The parties agree that the construction to be performed shall be in accord- ance with the specifications attached hereto as Exhibit "A" and for all purposes made a part hereof. Further, the parties hereto agree that all terms, provisions, conditions and specifications contained in Exhibit "A", pages 1-3 are made a part of this agreement as if fully copied herein. (SEE ATTACHED) Parties of the First Part in consideration of the foregoing hereby agree to Day to Party of the Second Part the sum of FOUR THOUSAND AND N0/100 -- --- ($4 , 000.00) --- DOERS as follows: Two Thousand and N0/100 Dollars cash upon ocapletion and the balance to be evidenced by a promissory note of the said parties of the First Part,to of even date herewith and containing certain terms and conditions, pay ablethe order of the party of the Second Part, said note being non-intle of rrestthehouse bearing and being due and payable fifteen years after date or upon and tract described hereinabove to a Third Party, whichever occurs first. The parties hereto further agree that the consideration being paid hereunder shall be due and payable to the party of the Second Part upon oonpletion of the work to be performed under this agreement and upon final approval and inspection by the City of Southlake, Texas. Said promissory note is to further provide that all past due principal Mor beadMintsreet from maturity until paid at the rate of ten paz cent per annum, and providing per cent attorneys fees on the amount of principal a �rt terest due thereon, if placed in the hands of an attorney for collection, or tit c0U*ded through or other judicial proceedings. and to secure the prompt payment of said indebtedness and notes a valid and subsisting lien Is hereby created, for the benefit of Party of the Second Party. now therpon the eon o �� Ors described real estate and all improvements, additions. fixtures and appurtenances after to be placed thereon. And Pasties of the First Part to SECURE AND ENFORCE THE PAST OF SAID IN- DEBTEDNESS and of the further consideration, uses, purposes and trusts herein set forth and de - elated, have Granted. Bargained and Sold, and by these presents do Grant. Bargain, Sell, Alien. Convey and Confirm. antic William H. Smith As Trustee, party of the third part, and also to the Substitute Trustee, as hereinafter provided, all of the hereinbe- fore described real estate and improvements. / 9- 3 ENGLAND SYSTEMS I)istributor of NUTT SIIELL SEWAGE TREATMENT SYSTEM 3349 N. Highway 67, Suite C Mesquite, Texas 75150 214/270-7545 or 946-2101 SOLD TO: nM r;_ TF:pg DATE: g-2-gn 1320 Bl»P dal BUS. PRONE:_ 481-2698 Southlake, Texas 76092 RES. PHONE: same JOB NAME:'flour ETCmet deMM_QFra4•iCM prt-ijeCt fiirric JAI C`' t-7' of Srv,t-hl ake JOB LOCATION: .TAX EXEMPT:_ „n, DATE REQUIRED: hPfnrP Orrt_1, 1980 TERMS:_ . ' payment in full ign caW_letion of job -------------------------------------------- In consideration of the provisions herein contained and payments made, and to be made, the Seller agrees to sell, and the Buyer agrees to purchase the described NUTT-SHELL Sewage System(s). ADDITIONAL PROVISIONS: a. Retention by Seller of Possession Until Receipt of Payment in Full. Not- withstanding.that credit has hereinbefore been given for the payment of the price of the goods, the Seller shall be entitled to retain title and possession thereof until full payment has been received. In the event of non-payment or if'the Buyer shall in any way not fulfil the full terms of this contract, Seller has Buyer's permission to enter onto his premises without notification to repossess or deactivate the System and its compon- ents. y of Southl b.- ADVERTISING: 8xk�s shall have the right to post a sign at the location of the -installation. Sign may be placed in cQnspicuous location adjacent to the street. Sign is to remain on site days. C. INTERPRETATION OF CONTRACT AND ASSIGNMENT: This contract shall be construed according to the laws of the State of Texas. This contract may not be assigned by Buyer without Seller's consent. d. ACCEPTANCE: This contract shall not become effective until accepted by the Seller's duly authorized officer. e. • 'Buyer to furnish 110 volt electricity �otiotloa�t f. g. Cost of any extra labor and materials caused by rock or hard shale in tiv: excavation will be in addition to the installatiole charge. h. Seller to be responsible for any damage to purchaser's preperty during installation of our system. EXHIBIT "A" (page/ 1) / 5F- 7 —JOB REGISTRATION FORM ENGLAND SYSTEMS OF: JOB NO. 80-106 Dallas NAME: Don G. Teer STREET ADDRESS: 1320 Blue Teal CITY/TOWN: Southlake, Texas 76092 DIRECTIONS FROM NEAREST MAJOR ROAD: Date System Purchased 9/2/80 From Whom Purchased Technical Data System Designed For: Size of Drip Line 1 1/4" Gallons per day 325 Feet of Drip Line 1200 ft. Lbs of BOD/Day 1 Percolation Rate 30 Aeration cycle 15/15 Approximate Sq.Ft. of Home_ 23QO ft, sa,No. of persons 3 Number of Bedrooms: 4 No. of Occupants: 3 Do Husband and wife work outside the home: (x) Yes ( ) No Indicate Number of Each Fixture or _Appliance in Home ,Lavatory __`Garbage Disposal Water Closet (toilet) 1 Automatic Washing Machine 1 Bath Tub - Utility Sink _Shower (if separate from tub) - Dark Room with Sink no Whirlpool - Ice Maker 1 Automatic Dishwasher Other Water Using Devices THIS IS AN ANNUAL CONTRACT RENEWABLE YEARLY. RATE Quarterly Semi -Annually Annually ACCEPTED BY: ACCEPTED BY: HOMEOWNER EFFECTIVE DATE: CCHMEN'I5: This installation is being paid for by the City of Southlake as a demonstration _. model. "A" (Pa9e 3 ) /9--5 City of Southlake, Texas I E M O R A N D U M August 3, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael Barnes, Public Works Director SUBJECT: Amending Ordinance No. 440 - Establishing Requirements for Septic System Attached is Ordinance No. 514 amending Ordinance No. 440, which establishes the requirements for septic systems. The proposed Ordinance has not changed from the first reading because after conferring with the City Attorney, it appears there is sufficient requirements set forth by the State Health Department to maintain adequate control of septic systems. If the City places restrictions on septic systems of platted property of less than one acre which would prohibit the use of the property, the City may be putting itself in a position, that if challenged, could raise a challenge concerning the denial of use of property to a property owner. It is the staff's position that as the Ordinance is written, the State requirements (the County enforces the State requirements through the County Health Department) are strict enough to maintain adequate control of septic systems and any lot less than one acre would have to be approved by the Zoning Board of Adjustments. Therefore, please place this item on next week's Council agenda for the second reading. MB/kb D ORDINANCE NO. t 'AN ORDINANCE AMENDING ORDINANCE NO. 440 OF THE CITY OF SOUTHLAKE, TEXAS, ALTERING AND REDEFINING CERTAIN PROVISIONS OF SAID ORDINANCE RELATING TO THE DETERMINATION OF THE SIZE OF A LOT AS IT RELATES TO MANDATORY CONNECTION TO A PUBLIC SANITARY SEWER SYSTEM VERSUS THE USE OF ONSITE DISPOSAL SYSTEMS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; CONTAINING A CUMULATIVE PROVISION; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. N , EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OF SOUTHLAKE, a SECTION Section 2.a. of Ordinance 440 is hereby amended to read as > follows: "Section 2. Property Not Connected to City Sewer System. �'�s)`>, -- a. Minimum Lot Size and Required Septic Tank All property > developed within the City of Southlake which does not ' 100 feet of an available city sewer line, as measured from the closest point on the exterior property line of the property proposed for development, shall be of a size sufficient to meet the requirements set forth in Section 33.14 of the Comprehensive Zoning Ordinance of the City denominated Ordinance No. 480. In the event said property is of a size appropriate for the use of an onsite waste disposal system such as a septic tank, the septic tank and its installation shall comply with all currently applicable regulations of the City, County, State and Federal Government as appropriate relating to design, construction and maintenance of said onsite disposal facility." 0 SECTION 2 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3 Any person, firm or corporation who violates, disobeys, omits, (W neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5 The City Secretary of the City of Southlake is hereby directed as -a to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 6 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF . 1990. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1990. MAYOR ATTEST: CITY SECRETARY aO- 3 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: a:\amendord.440 a 6, y City of Southlake, Texas 4 ' / M E M O R A N D U M August 3, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Southlake Hills Developers Agreement Attached is the revised Developers Agreement for Southlake Hills Addition. There were two items that the council wanted staff to consider. The first item was erosion control and ownership of the lift station. Both items have been addressed in the Developers Agreement (erosion control - Section III (C); lift station - Section III (B). Please place this item on the agenda for the August 7, 1990 City Council meeting. If there are any questions, please contact me. 00 MHB/ew City of Southlake, Texas SOUTHLAKE HILLS SUBDIVISION DEVELOPERS AGREEMENT An agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of the Southlake Hills Subdivision 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 106 lots contained within the Southlake Hills Subdivision and to the offsite improvements necessary to support the subdivision. 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 Southlake Hills Subdivision 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 subdivision completed as rapidly as possible, the City agrees to release 10% of the lots for residential permits after the underground utilities are installed and before paving of the subdivision is started. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the subdivision or phases thereof has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. The City acknowledges and agrees that the Development of the Southlake Hills Subdivision may be constructed in phases for which the City agrees to accept upon the terms and conditions set forth herein. C. The Developer will present to the City a performance bond and payment bond meeting the requirements of Article 5160, Tex.Rev.Civ.Stat.Ann. guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction costs of all of the facilities to be constructed by the Developer. The performance bond shall provide for payment to the City of such amounts up to the total remaining amounts required -1- ! PM City of Southlake, Texas or the completion of the subdivision if the Developer fails to complete the work as required hereunder. The value/amount of the performance bond will reduce at a rate consistent with the amount of work that has been completed by the Developer and formally accepted by the City. The payment bond shall be furnished solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for by this agreement. A performance and payment bond from the prime contractor will be acceptable in lieu of the Developer's obligations specified herein. D. The Developer agrees to furnish to the City a maintenance bond amounting to 20% of the cost of water, sewer and drainage facilities with the exception of the lift station as required in Section III (B) of this agreement which will be 100% and a 50% maintenance bond for street paving. These maintenance bonds will be for a period of Two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenence bonds 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. E. Until the performance and payment bonds required in Paragraph C have been furnished as required, no approval of work on or in the subdivision shall be given by City and no work shall be initiated on or in said subdivision by the Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part hereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly 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. G. on all facilities included in this agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: -2- o2/-3 City of Southlake, Texas 1. To pay to the City three (3%) percent of the construction cost for inspection fees of the water, streets, and drainage facilities, and sanitary sewer. It is agreed by both the City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard) Trench testing (95% Standard) shall be paid by the Developer. b) All gradation tests required to insure proper cement and/or lime stabilization. c) Technicians time for preparing concrete cylinders. d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required on Saturday or Sunday. These fees are considered over and above the 3% inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. 2. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintain the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice should the Developer fail in this responsibility, the City may contract for this service and bill the Developer or Builder for the costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to third parties, 120 days after Developer has notice of costs. -3- City of Southlake, Texas I. Any guarantee of payment instrument (performance bond, letter of credit, certificates of deposit and/or cash deposits) submitted by the Developer on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. Developer shall keep said performance and payment bonds, letters of credit, certificates of deposit and/or cash deposits if full force and effect until such time as developer has fully complied with the terms and conditions of this agreement, and failure to keep same in force and effect shall constitute a breach of this agreement. In this connection, all letters of credit furnished hereunder which expire prior to completion of construction shall be renewed in amounts designated by the City and shall be delivered to the City on or before the tenth (loth) day before the date of expiration of the then existing letter of credit. If the Developer fails to deliver the renewed letter of credit to the City within the time prescribed herein, such failure shall constitute a breach of this agreement and shall be a basis for the City to draw on all or any portion of the letter of credit. 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 of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. -4- City of Southlake, Texas II. FACILITIES: 4_ A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of Southlake Hills to the City of Southlake. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved 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 of Southlake requirements, the City will reimburse the Developer for the oversize cost. Additionally, the City agrees to provide temporary water service, 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, approved by the City Engineer of the City, and nade -,= t h fi 1_ = d_.�lj 0q the City Council. The drainage facilities shall be in conformance to the City's Drainage Ordinance No. 482. C. STREETS: 1. The street construction in the Southlake Hills residential development of the City of Southlake shall conform to the requirements in Ordinance No. 483. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City Engineer. 2. The Developer will be responsible for: (a) Installation and one year operation of all street lights; (b) Installation of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the -5- City of Southlake, Texas City in accordance with City ordinances; (c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by an engineering study performed by the Director of Public Works. 3. All street improvements will be subject to inspection and approval by the City of Southlake. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this agreement. All 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. 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 sewerage collection facilities to service lots as shown on the final plat of Southlake Hills to the City of Southlake. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and approved 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. City of Southlake, Texas III. OTHER ISSUES: A. AVAILABILITY OF SANITARY SEWER SERVICES - PHASE I: The City of Southlake is proposing to install gravity sewer to serve Continental Park Estates (CPE) at the expense of the City and residents of CPE. The Oakwood Drive section of this project will provide gravity sewer to Southlake Hills - Phase I. The Developer agrees to pay his pro rata share of the construction cost for the 8-inch portion of the Oakwood Drive section. Payment of the Developers pro rata share will be made to the City prior to the acceptance of the subdivision by the City. If the City does not construct a gravity sewer line on Oakwood Drive the Developer will be responsible to pay for the entire cost of the line including engineering, surveying, easement preparation and acquisition, and construction costs. B. AVAILABILITY OF SANITARY SEWER SERVICE - PHASE II Sanitary sewer service is available approximately 1,200 L.F.+ east of the proposed development. This collector would start at S-4 interceptor in the Timber Lake project, then westward thru a drainage utility easement as shown on the preliminary plat of Section II of the Timber Lake Subdivision. The developers of Timber Lake have agreed in principal to work with the Developer of Southlake Hills for the construction of the sewer collector line. In the event that the developer is not able to construct the off -site collector line due to various reasons, the City agrees to allow the developer to construct a lift station to serve Phase II. If the lift station is installed by the Developer to the City specifications, the lift station will become the property of the City upon acceptance by the City. Acceptance by the City will not negate the responsibility of the Developer to warranty (warranty to include labor and materials) the lift station 100% for a period of two (2) years. The Developer will be responsible for all costs associated (engineering, surveying, easement preparation, and acquisition and construction costs) with the lift station. The Developer agrees to escrow his pro rata share of the off -site collector by letter of credit. The letter of credit will be required and approved by the City prior to the final acceptance of the subdivision. -7- City of Southlake, Texas C. EROSION CONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets. 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 placed the soil within the subdivision. The Developer agrees to place in escrow to the City, prior to start of construction, the sum of $3,000 to be paid to the City or to a contractor for the purpose of removing the soil if the Developer does not remove the soil within 72 hours. This requirement will be enforced until the project has been completed and accepted by the City at which time the remaining unspent funds will be returned to the Developer. D. STORM DRAINAGE SYSTEM: Southlake Hills, Chimney Hills and adjacent property to the east drain thru an existing culvert under Continental into an existing 50 foot drainage utility maintenance access easement thru Continental Park Estates. The culvert under Continental has been identified as a critical structure. The replacement of this structure will be done in accordance with ordinance no. 482. All off -site easements required for the proper drainage of this subdivision shall be obtained by the Developer and supplied to the City prior to start of construction of the subdivision. E. PERIMETER STREET ORDINANCE: The Developer agrees to Section IV, Paragraph Ordinance No. 494. -8- perform in accordance with B, sub paragraph 2 of City of Southlake, Texas IV. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of any injuries or damages to persons or property, including death, resulting from any failure to peoperly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of 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 City of Southlake, Texas I 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 contract or any part hereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager. 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, 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. In addition, the payment, performance and maintenance bonds in the name of the City prior to the commencement of any work hereunder and shall furnish a policy of public liability insurance. 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. -10- City of Southlake, Texas a SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: DALE POE DEVELOPMENT CORPORATION OF TEXAS, INC. By: Title: Date: CITY OF SOUTHLARE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: City of South lake, Texas C. EROSION CONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets. 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 placed the soil within the subdivision. The Developer agrees to place in escrow to the City, prior to start of construction, the sum of.394t000 to be paid to the City or to a contractor for the purpose of removing the soil if the Developer does not remove the soil within 72 hours. This requirement will be enforced until the project has been completed and accepted by the City at which time the remaining unspent funds will be returned to the Developer. D. STORM DRAINAGE SYSTEM: Southlake Hills, Chimney Hills and adjacent property to the east drain thru an existing culvert under Continental into an existing 50 foot drainage utility maintenance access easement thru Continental Park Estates. The culvert under Continental has been identified as a critical structure. The replacement of this structure will be done in accordance with ordinance no. 482. All off -site easements required for the proper drainage of this subdivision shall be obtained by the Developer and supplied to the City prior to start of construction of the subdivision. E. PERIMETER STREET ORDINANCE: The Developer agrees to perform in accordance with Section IV, Paragraph B, sub paragraph 2 of Ordinance No. 494. F. PARK AND RECREATION DEDICATION REQUIREMENTS: In the Subdivision Control Ordinance (No. 483), Article VII, Park and Recreation Dedication Requirements, defines the requirements for dedicating park land, fees in lieu of park land, or park facilities improvements by a Developer. City of Southlake, Texas The Developer of Southlake Hills agrees that no park land is to be dedicated and that the Developer will be responsible to pay the fee per lot as required by the ordinance. The fee per lot has been determined to be $500 and is payable prior to the execution and approval of the Developers Agreement. There are 62 lots in this subdivision for a total fee of $31,000. Before the Developers Agreement is executed the $31,000 will be due and payable. IV. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of any injuries or damages to persons or property, including death, resulting from any failure to peoperly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of IM City of Southlake, Texas 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 anyimprovements 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 contract or any part hereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager. 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, 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. In addition, the payment, performance and maintenance bonds in the name of the City prior to the commencement of any work hereunder and shall furnish a policy of public liability insurance. 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. 39119 M E M O R A N D U M • August 3, 1990 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Public Works Director SUBJECT: Responsibility of Maintenance of Michael Dr. in Tiffany Acres ---------------------------------- The staff received a letter from an attorney, who represents a property owner on Michael Dr., requesting that Michael Drive be maintained by the City or the City provide documentation that Tiffany Acres has been abandoned. Tiffany Acres was abandoned by the Council, as reflected in the minutes, on 11-05-80, but it does not appear that the abandonment was filed with the County. This leaves some doubt on whether or not it is the City's responsibility to maintain the road. This fact also presents a number of situations that staff feels needs to be addressed. Therefore, please place this on the Council's agenda for discussion and direction. No MHB/kb RAYMOND M. MEEKS ATTORNEY AT LAW 1000 N. WALNUT CREEK DR., SUITE C MANSFIELD. TEXAS 7450453.1506 617 473-1119 June 8, 1990 Mr. Curtis Hawk, City Manager City of Southlake, Texas 667 N. Carroll Avenue Southlake, TX 76092 Re: JEH Company property at 2395 Michael Drive, Southlake, Texas Dear Mr. Hawk: I represent JEH Company, and my client has asked me to write you regarding the maintenance of the street leading to its facility at 2395 Michael Drive. You have informed my client that the street right of way and subdivision were abandoned prior to being annexed into the City of Southlake. Tarrant County has advised my client, however, that there is no record of abandonment of the subdivision nor of the right of way, and that Tarrant County maintained the street until it was annexed on June 29, 1978. Please provide me with copies of any documentation which you have indicating that the street has been abandoned. If you have no evidence of abandonment, then we must conclude that the street remains a dedicated city right of way, and my client respectfully requests that the street be given a priority on repairs. I look forward to hearing from you in this regard. Very truly yours, /ay and M. Meeks RMM/dm cc: Mr. Jim Helzer -i- Q 1'PQ .�• 0 Q� �Q'G. �00 Q ,�• g�QG• ��.F'G• � g� Q �. �-1�6 •y�'�G ��'�0 `.<<,� \�k59 Q G �'.\'��1''<<' p��'aj. G Off' Q G� p 4,�.�, G. P 0 B. 0000 O� J � J•,O � J Q- Jp �p p iA t0 N 89'33'00" E 882.72 432.41 10' DRG. do UTIL. ESMT. 10' DRG. &UTIL. ESMT. 2156.84 LOF — — — — — — — — — — 2 3. 93.47 — — — — — — — — — — i — — — 1 \ y in 4R-4 �/ 1 4R-3 \ I I I I �\ 2� >�, \ 43,564 S.F. P 143,660 S.F. 61of 47' B.L. N I \ �I ►n J W D I BLOCK 1 I I I in 4R-5 4R-7 I I Iw,°8 43,611 S.F. to 0 I 229,540 S.F. I I Of O p i 5.270 AC. I `r z Iz /�/ EX. 101 UTIL. ESMT. BETWEEN I �_ LOTS 4 a 5 BLOCK I CEDAR OAKS I 2o'R LOT 3. BLOCK 1. I � � , CEDAR OAKS ESTATES ESTATES VOL.388-127, PG.9 I I �/ VOL 388-127. PG. 9. P.R.TC.T. - TO BE ABANDONED P.R.T.C.T, � WITH THIS PLAT. I I i �/ u tu/ I i I � i• � I S 88'45'49" E b 201.00 i �—Ln L� 4R-6 m 43,560 S.F. 40' B/L 25' B/L �— / �. I R=630.55 L=143.54 D=13*02'33" SLEEPY HOLLOW TRAIL ( 60' R.O. D I CLEAR a REGRADE NORTH DITCH FROM WEST LINE EAST TO MEET CONC. FLUME, HYDROMULCH ALL REGRADED AREA. BM #1 CITY OF SOUTHLAKE DATA R.R. SPIKE IN POWER POLE ON WEST R.O.W. OF PEYTONVILLE ±0.1 MI. NORTH OF RAVENBEND ESTATES; ±100 FT. SOUTH OF S.W. CORNER WOODBROOK LN. AND PEYTONVILLE AVE. ELEV. 674.14 BM #2 SQUARE CUT IN CONC. DRIVE AT 0 CENTERLINE OF DRIVE AND EDGE OF ASPHALT AT 1775 SLEEPY HOLLOW DRIVE (SO. SIDE). ELEV. 648.32 CEDAR OAKS ESTATES VOL. 388-127, PG. 9, P.R.T.C.T. NOTES: I. LOTS 4R1-4R7 ARE COVERED WITH DENSE TREES. 2. THERE ARE NO EXISTING STRUCTURES ON OR ADJACENT TO THIS PROPERTY_ VLK.— I LANDSCAPE 60`x Id ISLAND TO BLOCK CAR HEADLIGHTS -COMBINED TREES, EVERGREENS, a BUSHES. i.5' / 20'R 40. —EX_ 10' U.E. — — — — LOT 7. BLOCK 1, CEDAR OAKS ESTATES VOL 388-127, PG. 9. P.R.T.C.T. 18,t 0 50 100 150 SCALE IN FEET SCALE : 1" = 50' SITE DATA ZONING — SF-1 A MINIMUM LOT AREA — 43.560 S.F. MINIMUM LOT WIDTH — 100 FT. FRONT YARD — 40 FT. SIDE YARD — 20 FT. REAR YARD — 40 FT. MINIMUM FLOOR AREA — 3000 SQ. FT. MAXIMUM LOT COVERAGE — 20X TOTAL AREA IN ADDITION — 11.8150 AC. TOTAL AREA IN STREET — 0.5386 AC. TOTAL AREA IN LOTS — 11.2764 AC. TOTAL NUMBER OF LOTS — 7 RESIDENTIAL DENSITY — 1.00 LOT/ACRE 6"/ "1=4111 INSTALL 100' OF d WIDE CONCRETE DRAINAGE FLUME qr0 \ CyFs �SpyA�r t� EX. RICK WALL o EX. F.N. LOT 9 CURVE CONC. LUME BLK-1 _ TO PRO T EX. TREE EX.25I DRNG.,UTIL. a_j / ROADWAY ESMT. LOT 8 BLK-1 f ir� � •* ,, ... �►..L MAGM _... ._b1822 +� I)NAL E � i3o/90 APPROVED BY THE CITY COUNCIL DATE: MAYOR CITY SECRETARY APPROVED BY THE PLANNING do ZONING COMMISSION DATE: CHAIRMAN OF P&Z COMMISSION CITY SECRETARY LOCATION MAP FIELD NOTES Being Lots 4, 5 and 6, Block 1, CEDAR OAKS ESTATES, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-127, Page 9 of the Plat Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a concrete monument found for the northeast corner of said Lot 6, Block 1; THENCE S 01'03'03"W, 272.18 feet along the east side of said Lot 6 to a 1 /2" iron rod found for the northwest corner Lot 7, Block 1, CEDAR OAKS ESTATES; THENCE S 01'14'11"W, 443.53 feet along the common line of said Lots 6 and 7 to a 1 /2" iron rod found in the northeast right-of-way of Sleepy Hollow; THENCE N 69'57'46"W, 410.97 feet along said northeast right- of-way to a 1 /2" iron rod found for the beginning of a curve to the left having a central angle of 18'53'53", and a radius of 630.55 feet; THENCE northwesterly along said right-of-way and said curve to the left an arc length of 207.98 feet to a 1 /2" iron rod found; THENCE N 8951'39"W, 288.53 feet along the north right -of way of the aforesaid Sleepy Hollow to a 1 /2" iron rod set for the south common corner of Lots 3 and 4, of the aforesaid Block 1; THENCE N 01'05'12"E, 524.13 feet along the common line of said Lots 3 and 4, to an 1 /2" iron rod set in the north line of the aforesaid CEDAR OAKS ESTATES, from which a concrete monument for the northwest corner of said CEDAR OAKS ESTATES bears S 89'33'00" W, 715.16 feet; THENCE N 89'33'00" E, 882.72 feet along said north line to the Point of Beginning and containing 11.815 acres (514,673 square feet) of land more or less, as surveyed by Horizon Survey Company in March, 1990. PRELIMINA R Y PLA T OF LOTS 4R> 4R7, BLOCK > CEDAR OAKS ESTATES AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS AND BEING A REVISION OF LOTS 495*60 BLK. 1 OF CEDAR BSTA FRS AS RNCORDRD IN VOL. 388-12 7, PG. 99 P.R.T.C.T. BEING A f 1.815 ACRE TRACT OUT OP THE J. CHILDRESS SURVEY ABSTRACT NUMBER 253 OWNERS: SKIP TURNS THOMAS BENN.BR 2406 FOREST MEADOW 3131 OAK HILL ROAD LEWISVILLE, TEXAS 75067 CARROLLTON, TEXAS 75007 (214) 462-8788 (214) 492-2000 ENGINEER: WASHINGTON & ASSOCIATES, INC. ENGINEERS - PLANNERS 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 SURVEYOR: HORIZON SURVEY COMPANY REGISTERED PUBLIC SURVEYORS 500 GRAPEVINE HWY. SUITE 375 HURST, TEXAS 76054 (817) 485-0707 METRO 498-3077 JOB NUMBER 001-143 JUNE1990 t } ALTERNATE LAYOUT DONLEY COURT SOUTHRIDGE LAKES - PHASE III FA DOVE ROAD �J- lei Q 1 1A j J Q J N � Z Y O Q O w o HIGHLAND CL _ �oGglBR00K J w 0- Q U W J J Z O a FM 1709 LOCATION MAP SCALE - >" = 100' p 100 200 300 Graphic Scale in Feet OAP/ toc �Oi O.44 LINE DATA LINE BEARING DISTANCE 1 N 10'20'59" E 38.00' 2 N 20'32'04" E 110.54' 3 N 00'55'00" W 84.01' 4 N 41'22'16" E 25.00' 5 S 48'53'50" E 44.00' CURVE DATA LINE RADIUS DELTA ARC TANGENT 1 915.00' 10'30'00" 167.68' 84.08' 2 210.00' 28"0'36" 103.27' 52.70' 550 DENOTES MINIMUM FINISH FLOOR ELEVATION -The OWNERS of all corner lots shall maintain sight triangles in accordance with the city subdivision ordinance. FUTIJR P" RE c -r. V. 9563, P. J.W. SULLIVAN, ET UX 0 S erLR ,I0+/ VOL. 3370, PG. 647 6g sS' O5g P j D.R.T.C.T. FUTUR 548-RE.C.T. � �vj' ry /90 ��" 4y, G� JG P0`N V. 9563• P' �M +ti o`o• 00' 24p O S 24'05'00" W / / / 5/8" 616 W. SULLIVAN, JR., ET UX VOL. 6824, PG. 312 D.R. T.C.T. N 89'01'07" E 248.68' 95.20' 106.16' \ � ii; � �O, LOT 40 QJ' i 23,478 S.F. o• < LOT 39 (A� ^ , \ 40' B. L. �' 31,987 S.F. — LOT 41 J m v_ L4 0 D o O r z O to to O > Z 0 k X 00 14 tom' c0 00 W w � a m k x �k O lj cn iA i9 M• 5/8" I.R.S. T LUw� >> W z �w w� 1- w �w LLLL -i a ma 31,159 S.F. \� �h �.50.00, 175.05' I i 175.00' N 88-35:52" E N 89'53'40" E \ LOT 38 \ I i / / LOT 42 o J 20,095 S.F. I 20,803 S.F. .1 199.99 I i Z 1* I 200.00' N 89'51'00" E I 0 I I S 89'51'00" W I V 101 Ln I Ln LOT 43 N LOT 37 20,399 S.F. c a i*l Zr c l b in 20,400 S.F. o o I g I 4E I C-] �. I I 200.00' I I 200.00' N 89'51'00" E I 1 n 10 I 1 S 89'51'00" W 36 ur'I c° I a IIyI.I v! LOT 44 20 S.F.20,599 o t+L❑T o600 S.F. 0 (r I. 200.00' 200.00' N 89'51'00" E I I I S 89'51'00" W LOT 35 i ccqqI I ry I I I 9 I LOT 45 S.F. OD O7 20,002 S.F. �o I o ro I I. o�d 20,172 N 199.96' 197.10' S 89'34'08" E I I S 89'36'01" E _ I 1-4 LOT 34 -i1 I I LOT 46 0 20,208 S.F. m 20,009 S.F. [o inl +T U ^I I 193. 23' I I I 182.85' O rO S 82'09143" E I I N 83'44'07" W o 'O � � LOT 33 '� 50 00' � I LOT 47 v> rn •+ ^ LOT 66 �' 34.55' ,Q4 + 20,001 S.F. �J 1/2" I.R.F. ��1 tx0�6 S 6S79o00 �� o� Sg9S5� �0 SS, ' 1168.85' / B 107.90' 100.79' 100.00' LOT 6500" F / o`� / �68, B' S 89.39'03" E 383.82' 125.30' 252.81' ° O / / N 131.67' 252.15' s 20,120 S.F. NLOT 59 3 �o ,/� / 3 p 21,982 S.F. �1 + Z z z �- o. / 3 U) m rs o 0 0 0 / " LOT 38It P 11 <0 0 o L❑T 62 O N L❑T 63 o N L❑T 64 pi 0� / LOT 39 r (P. co 0 0 ^ 20,796 S.F. o LOT 37 LOT 58 4Q. `L O°� N No LOT 61 20,000 S.F. tit N20,535 S.F a �120,115 S.F. a' O• 23,605 S.F. o; 0 4- P rs B. a U' rn 20,648 S.F. 0D F / of N N 31,719 S.F. 25,020 S.F. — rx cn rn w rn N o / i p cD 0 g 0v/ LOT 60 S _ __S6 24,304 S.F. m Dr�� 5 50.00. \ — — — _ — +�� j ^44, 10.00 7.5 U.E. � 5 6 147.15' !�\ 'a2'_-- S 81 7'20" a� / _L02�3---4QU04_--�Z,48' — �00� . �� , �0 225 3�i7t - 9 ` U 0' BASTROP U` E I {�� I r 0% R�2 99s /6- 7 ,- - o m LOT 3/F� �d�• < D <p G/ � �6c�' DRIVE - 168.52'- - �\-,26� �'' / \ �SZ'^, `s s eszsCOURT�3s.os' o ° 1�25,654 L❑T 57 s3�� Q ,�Z/S 86.55'00" E / F�rr8'----Bi-.g4.-�?o20,423 S.F. >• +S��-56.5---9737'---7T:T5`-COS / g9.81' 17.46' 20a " E \ �� ?i /�. /� 35' B.L. 3 05' 16 \ rS+, / O / / 3 3 0 P 3 to �� N O' / tJ ai o0 o O o N O - o et O O N 4 LOT 56 cs• ,� N 0 0 0 ;O n �O 0 LOT 35 / / Of �ry / x� 'tp � LO ;O - P Z P �i in w cn 24,596 S.F. 22 659 S F L❑T 32 N L❑T 33 N o LOT 34 v b 1 h -co L� 0 0i °' o ^� Ki 00 2CV CV CV g� 3'b� ' ' / / ^ / ✓ O C+' LOT 2$ rn M LOT 29 at o LOT 30 N 0 LOT 31 r7 co LOT 27 20,010 S.F. 0 20,121 S.F. '-' 020,174 S.F. N25,013 S.F. 25,626 S.F. 022,471 S.F.N 023,027 S.F. r''-10' D. & `� ?0.0 211.22 2 V) ?�/ A P 2,776 S.F. tr` [n In m U.E. 89'51'04" E / // / �S �• BLO K 4 5 LOT 55 20,186 S.F. I J 1 I F` 4�56 --�@ (14--- - - - - - - - - - 9902'----�60�*'----�{iE}pg'----4066i'-- -- 111-69'---rk��`� A'��, IIV W j I iA LOT 26 66� + - - - - - - N-E'8'66'0W" A' ------ - -' l i '-----— — — — — — — — — — — — D� 22,578 S.F. 198.49' 186.80' S 89'51'04" W I yl I N 89'51'04" E 60 13 12 6 I c� M W I J I 9 8 LOT 54 20,105 S.F. j 0.°. LOT 25 a 11 I 21,213 S.F. `� N _ 14 ph &e 2 198.82' C11al rh I 183.17 pa o thgidg g d #8321 BLOC 4 7 S 89'S1'04" W to Ca itlet A+pRT.C•T I I I N 85.53'17" W ea GREGG LOT 53 I 10 20,846 S.F. Im LOT 24 COURT t /22,797 S.F. r- o o N 79, 69 n O 2> gs" W / 20 2 79, Oo 15 i N 74702s" O / LOT 52 _J 21,994 S.F. m# W ly pb LOT 23 20,741 S.F.LO iO i 20 591 S.F. :1 20,134 S.F. 167 2 i I _ N ,3 04 34. S" 173.97' N 180.00, 78'38 '56» W/ / S 89'51'05" W 230 00, W N I r 205.98' LOT 51 d ry S10'21'04 W N1921'047E 22,825 S.F. I IT 32 1 23;01'I 53.01 1 1 APPROVAL DATE ------------ _-- CITY COUNCIL SOUTHLAKE, TEXAS MAYOR SECRETARY APPROVAL DATE -------------------- PLANNING AND ZONING SOUTHLAKE, TEXAS CHAIRMAN 48 I &eg22 N o 164.81. CA ez2�z1 49 50 y Owner/ Developer: paG�Gv]CC;�9 [Lop.-00 15303 DALLAS PARKWAY SUITE 590 DALLAS, TEXAS 75248 (214) 980-5075 �Surveying Byrn / C�> � LJ�Jl1 � (0 0) 5,0 11 (C - SURVEYING -MAPPING -PLANNING 3208 SOUTH MAIN STREET FORT WORTH, TEXAS 76110 (817) 926-7876 06.17' of / N 7524'04" W ocO a LOT 22 ' 20,140 S.F. C5 j I 185.01' — - - \399.82' \ 21 20 19 Planning By: LAND PLANNERS - LANDSCAPE ARCHITECTS 2505 CUMBERLAND PARKWAY ATLANTA, GEORGIA 30339 (404) 432-0731 Engineering By: [EZM( IoUV[mrEmeg OH `V+ o ENGINEERS - PLANNERS '.., r.~ 726 COMMERCE STREET SUITE 104 SOUTHLAKE, TEXAS 76092 (817) 488-3313 SURVEYOR'S CERTIFICATE This plat has been calculated to ascertain the mathematical certainty of the lots shown hereon, based on a boundary survey by SEMPCO, INC. in , All lot corners will be set, prior to any construction on said lots, and I hereby certify that all calculations were made under my supervision and correctly reflect the proposed subdivision. Date David A. White R.P.S. No. 1824 THIS PLAT FILED CABINET STATE OF TEXAS X X OWNER'S ACKNOWLEDGEMENT AND DEDICATION COUNTY OF TARRANT X KNOW ALL MEN BY THESE PRESENTS, THAT, Arvida/JMB Partners, L.P.- I1, a Delaware Limited Partnership, formerly known as Southwind Partners L.P., is the sole owner of that certain tract of land situated in the A.A. Freeman Survey, Abstract 522, Southlake, Tarrant County, Texas, being a portion of that certain 267.239 acre tract of land conveyed to Southwind Partners, L.P., a Delaware Limited Partnership, by deed recorded in Volume 9563, Page 548, Deed Records of Tarrant County, Texas (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at a point, said point being the most wPstetiy Northwest corner of Lot 1, Klock 4, SouthRidge Lakes, Phase I as rPcotded in Cabinet A, Slicde# 321 and 322, Plat Records of Tarrant County, Texas 'I'HFNCE South 05 degrn-s 06 minutes 06 seconds West 149.47 feet to a point for corner; THENCE Sonth 33 degrees 50 minutes 25 seconds West 100.00 feet to a point for corner; THENCE South 48 degrees 38 minutes 21 seconds West 71.91 feet to a point for corner; THENCE North 88 degrees 00 minutes 00 seconds West 714.17 feet to a point for corner; THENCE South 60 degrees 42 minutes 51 seconds West- 100.00 feet to a point for corner; THENCE South 02 degrees 00 minutes 00 seconds West 316.91 feet to a point for corner; THENCE South 36 degtees 14 minutes 41 seconds West 120.5R feet to a point for corner; THENCE South 82 degrees 21 minutes 26 seconds West 399.82 feet to a point for corner; THENCE Notth 1.2 degrees 311 minutes 3H seconds West '0.25 feet to a point for corner; THENCE North 10 deyrPes 21 minutes 04 sPconds Fast 53.01 feet to a point for corner; THENCE North 79 degrees 38 minutes 56 seconds West 230.00 feet- to a point for corner; THENCE South 10 degrees 21 minutes 04 seconds West 23.01 feet to a point for corner; THEN(A.: South H4 degrees 51 niin.rt('s 05 seconds West 205.c)R feet to a 5/8 inch iron rod set in Pry tonviIIe Road and connnc.rr West line of aforementioned 261.239 acre tract and this tract; 'THENCE with said PeytonviIIe Road and common West lines, North 00 degrees OR minutes Sr, seconds West 822.41 feet to a 5/8 inch iron rod set for the most wPsferly Northwest corner said 267.230 acre tract; 'I'11ENCE departing said Peytonville Road and common West lines, and with a line common to a North .line of said 267.239 acre tract and the South line of a tract of land conveyed to W. Sullivan, Jr. by deed recorded in Volume 6H24, Page 312, (D.R.'I'.t'.'I'.) North 89 degrees 01 minutes 07 seconds Fast at 860.16 feet passing a 1/2 inch iron rod found at an in -corner of said 267.239 acre tract and contiiuinq in all a distance of 1-16R.85 feet to a point for corner; THENCE North 51 degrees 49 minutes 04 seconds East 81.72 feet to a point for corner; THF;NCE North 24 dPgtePs 05 minutes 00 seconds Fast 105.27 feet to a point for corner; THENCE South 65 degrees 55 minutes 00 seconds East 240.00 feet to a point for corner; THENCE South 2.4 dPgrPeF 05 minutes 00 seconds West 34.s5 feet to a point for cornPr; THENCE South 65 degtPes 55 minutes 00 seconds East 97.68 feet to a point for corner; 1111ENC:E South 89 degrees 39 minutes 03 seconds Fast 383.82 feet to the point of Reyinninq and containing 1,255,094.28 square feet of land. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT, Arvida/JMB Partners, L.P.-II, a Delaware Limited Partnership, formerly known as Southwind Partners, L.P., acting by and through its duly authorized agent, Bruce E. Smith, Vice President, does hereby adopt this plat designated the hereinabove described real property as SOUTHRIDGE LAKES, PHASE II1, an addition to the city of Southlake, Tarrant County, Texas, and does hereby dedicate to the public's use the streets and easements shown thereon. Witness my hand this day 1990. ARVIDA/JMB PARTNERS, L.P.-II DFLAWARE LIMITED PARTNERSHIP Bruce E. Smith, Vice President ARVIDA/JMB MANAGERS 11, a general partner. STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the undersigned authority, on this day personally appeared Bruce E. Smith, known to we to be the person whose name is subscribed to the foregoing instrument, and acknowledged to we that he executed the same for the purposes and considerations lhetein stated. Given under my hand and seal of of l ice this _ _ _ clay of --- ---- 1990. SLIDE# DATE Notary Public - State of Texas FINAL PLAT OUTTTRI�GE LAKES P HAS ur, III an addition to the city of SOUTHLAKE TARRANT COUNTY, TEXAS in the A.A. Freeman Survey, A-522 28.813 ACRES 25 JUNE 1990 SECRETARY STATE OF TEXAS X U HIGHLAND L KE OOD LANE g o w o z w m Q J J 0 Q U FM 1709 LOCATION MAP CURVE DATA CURVE DELTA ARC RADIUS TANGENT C1 9'51'54' 51.65' 300.00' 25.89' C2 10'29'25" 54.93' 300.00' 27.54' C3 42*40*43 152.70' 200.00' 80.29' C4 43.40.43 152.47' 200.00' 1 80.15' NOTES: 1. The owners of all corner lots shall maintain sight triangles in accordance with the City Subdivision Ordinance. 2. No lot within this addition shall be allowed driveway access onto Carroll Avenue. 3. The City of Southlake reserves the right to require minimum finish floor elevations in any lot contained within this addition. The minimum elevations shown are based on the most current information available at the time the plat is filed and may be subject to change. Additional lots, other than those shown, may also be subject to minimum floor criteria. APPROVAL DATE CITY COUNCIL SOUTHLAAT, TEXAS MAYOR SECRETARY APPROVAL DATE ________------- ___ PLANNING AND ZONING S0UTHLAKE, TEXAS It 5/8" I.R.F. 5/8" I.R.F. OWNER/DEVELOPER: 14860 MONTFORT SUITE 205 DALLAS, TEXAS 75240 (214) 960-9941 100 F,• �P S O C 13 �y. GRAPHIC SCALE 50 100 200 ( IN FEET ) 1 inch = 100 ft. 2�h P�POS �� Oo��G�. O�tropVPSQG P� JM�*o9a. �On Q PG ci0 10" 400 ENGINEER/PLANNER: �JOo as Cho D� EM W 0 =0= =9, 0MisML e51 0H�o ENGINEERS — PLANNERS 726 COMMERCE STREET SUITE 104 SOUTHLAKE, TEXAS 76092 (817) 488-3313 '5 x�PS. QP X OWNERS ACKNOWLEDGEMENT AND DEDICATION COUNTY OF TEXAS X WHEREAS, DIXTOR INTERNATIONAL, INC. a Texas Corporation, is the sole owner of that certain tract of land situated in the W. Hall Survey, Abstract No. 695, Southlake, Tarrant County, Texas as described in deed recorded in Volume , Page , Deed Records of Tarrant County, Texas (D.R.T.C.T.) and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found in the West line of Carroll Road for the common Northeast corner of this tract and Southeast corner of that certain 9.8 acre tract conveyed to T.J. McHale, et ux, by deed recorded in Volume 4689, Page 279, D.R.T.C.T., said point of beginning being by description North 1437-5/10 feet and West 25-0/10 feet from the Southeast corner of aforesaid W.W. Hall Survey; THENCE departing said T.J. McHale, et ux, 9.8 acre tract, with the West line of Carroll Road and generally with a fence, South 00 degrees 31 minutes 47 seconds West 503-46/100 feet to a 3/8 inch iron rod found near a fence corner for the Southeast corner of this tract and the Northeast corner of the residue of that certain 162.9 acres conveyed to Mattie Lowe and Missie Lowe by deed recorded in Volume 1207, Page 332, D.R.T.C.T.; THENCE departing said Carroll Road and with the common South line of this tract and North line of said Lowe tract and generally with a fence, North 89 degrees 24 minutes 17 seconds West passing the Northwest corner of said Lowe tract, and continuing in all 1260- 93\100 feet to a 5/8 inch iron rod found for the Southwest corner of this tract; THENCE with the West line of this tract and an East line of that certain Beulah Cross tract as recorded in Volume 3989, Page 640, D.R.T.C.T. and generally with a fence, North 01 degrees 30 minutes 19 seconds East 509-76/100 feet to a 5/8 inch iron rod found in said Cross East line, for the common Northwest corner of this tract and most southerly Southwest corner of that certain 32.5 acres conveyed to T.J. McHale by deed recorded in Volume 2766, Page 425, D.R.T.C.T.; THENCE with a line common to the South line of aforementioned T.J. McHale tracts and North line this tract and generally with a fence, South 89 degrees 07 minutes 11 seconds East 1252-27/100 feet to the Point of Beginning and containing some 14-614/100 acres of land or 636,569 square feet. NOW, THEREFORE, KNOW ALI, MEN BY THESE PRESENTS, THAT DIXTOR INTERNATIONAL, INC., a Texas Corporation, acting by and through its duly authorized agent Tom Matthews, is the sole owner and does hereby adopt this plat designating the hereinabove described real properties as South View Phase II, an addition to the city of 25' R.O.W.Southlake, Tarrant Cou�l yo s a aibd; dsg k(p by dedicate to the 25' Rpublic's use the streets land ease�men easements h reon. SURVEYOR: SEMPCO, INC. SURVEYING — MAPPING PLANNING — CONSULTANTS AP.O. BOX 1776 FORT WORTH, TEXAS 76101 (OFFICE) 3208 SOUTH MAIN STREET (81 7) 926-7876 SURVEYOR'S CERTIFICATE This plat has been calculated to ascertain the mathematical certainty of the lots shown hereon, based on a boundary survey by SEMPCO, INC. in , All lot corners will be set, prior to any construction on said lots, and I hereby certify that all calculations were made under my supervision and correctly reflect the proposed subdivision. Date : David A. White R.P.S. No. 1824 WITNESS MY HAND this day of 1 1990. DIXTOR INTERNATIONAL, INC. Tom Matthews------ _--- - --- STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the undersigned authority, on this day personally appeared Tom Matthews, an authorized agent of Dixtor International, Inc., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein stated. Given under my hand an(] seal of office this __day of 1990. Notary Public - State of Texas FINAL PLAT SOUTH VIEW PHASE II an addition to the city of SOUTHLAKE TARRANT COUNTY, TEXAS in the Wm. W. Hall Survey, A-695 CHAIRMAN SECRETARY 14.614 ACRES 25 JUNE 1990 THIS PLAT FILED CABINET SLIDE #_ DATE DEDICATION e4 J ~ Q W kq Q ill �'1 �_ `j ~ J > cc 0' 1Z Q J Z ~ V cr Uj Y CQ } Q F- Y Q �i -i N U Q 3 3 w J Q J :O O Y j FLORENCE ROAD VICINITY MAP SCALE I"=200d [U 0 50 100 GRAPHIC SCALE SCALE I"= 50' W h O tb R J h j 4 IAJ � � O LU =ON V � O M Z � � Q � Q V cp to Q O N Approved (Date) CITY OF SO'UTHLAKE PLANNING & ZONING COMMISSION Approved(Date) CITY COUNCIL CITY OF SOUTHLAKE FINAL PLAT OF . LOTS I, 8& 2,- BLOCK 12 SWORD ADDITION AN ADDITION TO THE CITY OF SOUTHLAK E TARRANT COUNTY,TEXAS IN THE B.J. FOSTER SUR. A-519 13.638 ACRES ZONED C 2 JULY 139 1990 OWNER: JOHNNY FOSTER SWORD 635 RANDOL MILL AVE. SOUTMLAKE, TEXAS 76051 STATE OF TEXAS COUNTY OF TARRANT THAT WHEREAS, Johnny Foster Sword is the owner' of the following described tract of land: BEING a tract of land in the B. J. Foster Survey, Abstract No. 519 , situated in the City of Southlake, Tarrant County, Texas, as described in a deed of record in Volume 7942, Page 2228, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin in the Easterly line of Randol. Mill Avenue for the Northwest corner of the herein described tract, said point being the Southwest corner of a tract described in a deed in Volume 7794, -Page 102, Deed Records, Tarrant County, Texas, said point being, by deed call, in the last referenced deed 2636.76 feet North and 25.0 feet East of the Southwest corner of said Foster Survey; THENCE N. 89° - 14' - 07" E. 1017.01 feet to an iron pin for the Northeast sat corner of the herein described tract; 0 THENCE S. 0 - il' - 09" E. 583.39 feet to an iron pin for the Southeast corner of the herein described tract; THENCE S. 890 - 07' 00" W. 1016.00 feet to an iron pin for the Southwest corner of the herein described tract in the Easterly line of said Randol Mill Avenue; THENCE N. 00 - 17' - 13" W. 585.49 feet along said line to the POINT OF BEGINNING and containing 13.638 acres. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT, Johnny Foster Sword, the undersigned, does hereby adopt this plat designating the above described property to be known as Lots 1 b 2, Block 1, Sword Addition to the City of Southlake, Tarrant County, Texas, and does hereby dedicate to the use of the public all streets and easements as shown hereon. WITNESS MY HAND this day of , 1990. O Z O Johnny Foster Sword, Owner STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Johnny Foster Sword, known to me to be the person fahose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day OF _ , 1990. Notary Public in and for the State of Texisi. to�nA ton I, Walter W. Ward, the undersigned, a Registered Professional Land Surveyor in the State of Texas, herebv certify that this plat is a true and correct representation of a survey made on the ground Date Registered Professional Land Surveyor No. 2014 CHAIRMAN MAYOR SECRETARY SECRETARY This Plat Filed In Cabinet Slide No Date LOT 9 4 AC w Z) Z Q J O cr Cr Q U JOUTHLAKE BLVD. (F.M. 1709) J W O � W Z W Q a U LOCATION MAP �1. Z Q m � Q M rn 20 22 1.22 AC GRAPHIC SCALE too 0 50 100 200 400 (lay FM) i itdeh = 100 R APPROVAL DATE ------------------ CI T Y COUNCIL S0UTHLA. TEXAS 2 ZONED C-2 MAYOR SECRETARY APPROVAL DATE _________________ PLANNING AND ZONING SOUTHLAKE, TEXAS CHAIRMAN SECRETARY 1.21 AC 21' 2.32 AC • r 00 Ln rn c0 40' D do UE U) U) _15' UE a Q _ _ 3i 3 3 3 0 7.5' U. E. S 89' 10'Oe E 15' UE ii oLOT a MISSION HILL ESTATES 10 35,702 S.F. VOL. 388-158, PG. 83 P.R.,T.CO. TX. ZONED SF-1 0 15' UE DIAMOND CIRCLE ESTATES VOL. 388-177, PG. 7 P.R.,T.CO. TX. ZONED SF-1 4 ZONED SF-1 0 J — m O Z io 0 y I 1 i 3 ZONED O-1 r I I I I 1 I I I I I 6 O� I 15' U.E. I I I 1 I I I 7 I I I I I I I I I 0 R PR M7A �20' DRG. ESMT. I i I I I 10 r I ----115' U.E. — -- I I I I I I 11 I ZONED SF-1 I I I LAKE WOOD ACRES ADDITION - PHASE VOL. 388-137, PG. 34 P.R.,T.CO. TX. ZONED SF-1 LOT 8 4 AC 644.37' LOT 11 041 S.F. 5 S.F. I LOT 15 LOT 14 21,745 S.F. 23,302 S.F. LOT 8 30,005 I LOT 16 2L L459 S.F I LOT 7 30,001 S.F. 6 1.4 5 S.F. LOT 5 30,078 S.F 1 � LOT 4 \ 30,008 S.F. 9 5 S.F. LOT 12 32,325 S.F. \ E / 6 LOT 13 32,513 S.F. LOT 17 I LOT 18 20,250 S.F. 20,318 S.F. co L6 645 `r 10 LOT 11 3420,250 S.F. 3 LOT 7 0 N9. �20,20,155 S.F. I LOT 6 27,353 S.F. 635 I LQT 4 LOT 5 22,885 S.F. 24,241 S.F. 3 LOT 3 \ \ 20,072 S.F. cp ;O 0 BEULAH B. CROSS VOL. 3989, PG. 640 D.R.,T.00. TX. ZONED AG LOT 1 OWNER: 27,194 S.F. LET LOT 3 24,55 S.F. 630 H O M E I L. I A O 30,089 S.F. 2301 McCOY ROAD CARROLLTON, TEXAS 75006 I _OT 2 LOT 1 9LOT 2 186 S.F. r23,471 I I 124,682 S.F. 25,241 S.F. F. N 88'49'04" W 3 .58' 89*54' 0" W 290.0 28.95' S 00'09'00" E I � s�ti�s �.� GI '-� '0 .03 S.F. N 61,253 S.F. �p�1` P� QG• 12 ZONED C-2 I J�P �p�. O � I -_- 9'57 2 6C F. M. 1709 —X X X X X X X X X DEVELOPER BACKES P_O_B_ PLATT 730 PROVIDENCE TOWERS, EAST, LB 17 5001 SPRING VALLEY DALLAS, TEXAS 75244-3910 a, (214) 960-2925 0 N � _ W.W. HALL SURVEY, A-695 OBEDIAH W. KNIGHT SURVEY, A-899 a x m XW amvnrr �X X X X XCtAv 619.76 - All that certain lot, tract or parcel of land located in the W.W. Hall Survey, Abstract 695, Tarrant County, Texas, being a portion of that certain 25.196 acre tract described in deed to Homei Liao, Trustee and Jia Her Hwang, Trustee, recorded in volume 7937, Page 294, Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and hounds as follows: BEGINNING at a point in the East line of said 25.196 acre tract and the West line of the certain 22 arce tract of land conveyed to Beulah B. Cross by deed recorded in Volume 3989, Page 640, D.R.T.C.T., said point being North 01 degrees 11 minutes 20 seconds East 272.09 feet from an iron pipe found in the North right of way (P.O.W.) line of F.M. No. 1709 for the Southeast corner of said 25.196 acre tract and the Southwest corner of said 22 acre tract; THENCE North 88 degrees 49 minutes 04 seconds West 319.58 feet to a point for corner; THENCE South 00 degrees 09 minutes 00 seconds East 28.95 feet to a point for corner; THENCE South 89 degrees 54 minutes 00 seconds West 290.00 feet to a point in the common West line of said 25.196 acre tract and East line of Diamond Circle Estates, the plat of which is recorded in Volume 388-177, Page 7, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said point being further described as bearing North 00 degrees 09 minutes 00 seconds West 285.61 feet from the Southwest corner of aforesaid W.W. Hall. Survey, Abstract 695; THENCE with a common line to Diamond Circle Estates and aforesaid 25.196 acre tract and generally with a fence, North 00 degrees 09 minutes 00 seconds West, passing a common corner of said Diamond Circle Estates and Mission Hill Estates, according to the plat recorded in Volume 388-158, Page 83, P.R.T.C.T. at some 1260.09 feet, and continuing in all 1528.00 feet to an iron pipe found in the East line of said Mission Hill Estates for the Northwest corner of said 25.196 acre tract and Southwest corner of Lake Wood Acres Addition - Phase Two, according to the plat recorded in Volume 388-137, Page 34, P.R.T.C.T.; THENCE with a line common to said Lake Wood Acres Addition and said 25.196 acre tract and generally with a fence, South 89 degrees 10 minutes 04 seconds East 644.37 feet to an ron pipe found for th common Northeast corner of said 24.196 cre tract and Northwest corner of aforementioned Beulah B. Cress tract; ` THENCE generally with a fence and with the common line of Cross tract and said 25.196 acre tract, South 01 degree 10.#minutes 56 seconds West 1495.84 feet to the Point of Beginning°and containing 21.719 acres of land. 1 MEADOW ESTATES ENTRANCE SIGN LMGv7(92110Uv0MMMEQR5g 0G-��fl�o ENGINEERS —PLANNERS 726 COMMERCE STREET SUITE 1 04 SOUTHLAKE, TEXAS 76092 (81 7) 488-331 3 SURVEYOR: SEMPCO, INC. SURVEYING — MAPPING PLANNING — CONSULTANTS P.O. BOX 1776 FORT WORTH. TEXAS 76101 (OFFICE) 320E SOUTH MAIN STREET (S1 7) 926-7876 SURVEYOR'S CERTIFICATE This plat has been calculated to ascertain the mathematical certainty of the lots shown hereon, based on a boundary survey by SEMPCO, INC. in , All lot comers will be set, prior to any construction on said lots, and I hereby certify that all calculations were made under my supervision and correctly reflect the proposed subdivision. Date: David A. White R.P.S. No. 1824 NOTES: 1. Present use is AG. 2. Present zoning is AG. 3. Land Use Designation is Medium Density Residential. 4. 31 lots/21.719 acres = 1.43 lots/acre. 5. Property located at 700 E. Southlake Blvd. CONCEPT PLAN an addition to the city of SOUTHLAKE, TEXAS TARRANT COUNTY, TEXAS in the Wm. W. Hall Survey, A-695 PRESENT ZONING AG PROPOSED ZONING SF-20 21.719 ACRES 30 MAY 1990