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480-549 OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-549 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 3B & 31301, AND A PORTION OF TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING APPROXIMATELY 5.84 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "C-3" general commercial district and "AG" agricultural district under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and 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 ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being, Tracts 3B & 3801, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899 and being approximately 5.84 acres, and more fully and completely described in exhibit "A" from "C-3" general commercial district and "AG" agricultural district to "S-P-1" detailed site plan district, as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following specific conditions: 1) Approving the requested driveway stacking variance for a distance of ±70 feet; 2) The north driveway onto F.M. 1709 will be closed upon the completion of the north-south road to the immediate east of the site; 3) The 12 parking spaces along the eastern driveway will be removed upon the completion of the north-south road to the immediate east of the site; 4) Acknowledging the preservation of the access easement to the AG zoned property to the south; 5) Accommodating the round-about (at the intersection of Rucker Road and the proposed north-south road to the east of the site); 6) The applicant will work with staff on urban design elements, including the clock tower; 7) Top roof caps are not yellow but copper colored; 8) Subject to applicant's presentations to City Council on February 5, 2008 and February 19, 2008; 9) Subject to Site Plan Review Summary No. 4, dated February 13, 2008; 10)Subject to the following comments from the city attorney: Approval of this S-P-1 zoning proposal is conditioned on and inclusive of the private development agreement entered into and between VSS and Zena Rucker relating to the location of Zena Rucker Road and the construction, financing and financing responsibilities of Zena Rucker Road as it lies contiguous with property owned or developed by VSS. The zoning is conditioned upon the implementation of that agreement and the terms of that agreement have dictated the location of the road right-of-way. Further noting that future phases of the VSS Invitation Project would be conditioned upon the implementation and compliance with this private development agreement between the two parties. This agreement should lock down the road location, the commitment to the location, and the financing that specifies who will be responsible for each element. We would ask that the private development agreement be included as an exhibit to the S-P-1 zoning ordinance so that it be a matter of public record reflecting the agreement of the parties and will serve as the performance measure for future phases of this project now pending before the Council. This should be included with the S-P- 1 zoning approval and not the plat action because the plat area does not include all of the area subject to the agreement, but the zoning would control the VSS options for future phases. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall 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 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 5th day of February, 2008. MAYOR ATTEST: :eavcr;J err P N ~~;a r's+ .A r jo~: • CITY SECRET RY PASSED AND APPROVED on the 2nd reading the 19th day of `Fvj,:)frua`t~,. 2008. MAYOR ATTEST: t, , 4+•p t, h 4. a; a r a ~ y 'a •J7~ m CITY SECRE RY ' 'r+aexoaw APPROVE A TO FORM AND LEGALITY: .q. w., CITY ATTORNEY DATE: )z _ 6/.- 6y ADOPTED: EFFECTIVE: 2.22-(9 EXHIBIT "A" Being Tracts 313 & 31301, and a portion of Tract 3D01, O.W. Knight Survey, Abstract No. 899 and being approximately 5.84 acres and more fully described by metes and bounds as follows: LEGAL DESCRIPTION BEING a 5.841 acre tract of land in the Q W. Knight Survey, Abstract No. 899, TMMt County, Texas and being a portion of that certain tract of land as described in deed to Vision Southwest Silverlake, LLC, a Texas Limited Liability Company as recorded in Instrument #13207135294 of the Deed Records of Tarrant County, Texas and being more particularly descinbed as follows: BEGINNING at a 5/8' iron rod found at the northwest corner of said Vision tract in the south right-of-way line of East Southlake Boulevard (R.O.W. varies) and being the northeast comer of that certain tract of land as described in deed to William W. Rucker and Zcna Rucker Trustees of the William W. Rucker and Zena Rucker Family Trust as recorded in Volume 12591, Page 2267 D.R.T.C.T.; THENCE N 89° 57'2W E along said right-of-way a distance of 239.67 feet to a 1/2" iron rod found with a cap and said point being the northwest comer of that certain tract of land as described in deed to RCP Southlake Blvd T2, LTD as recorded in Instrument #D203471724 DR.T.C.T.; THENCE S 11 ° 16' 59" E along the west line of said RCP tract a distance of 520.09 feet to a 5/8' iron rod found; THENCE S 00° 23' 08" W along the west line of said RCP tract a distance of 331.21 feet to a 5/8" iron rod found; THENCE S 891 21' 17" W a distance of 19124 feet to a 5/8" iron rod found to the northeast comer of said Rucker tract; THENCE S 89a 20' 28" W along the north line of said Rucker tract distance of 131.18 feet to a Sig" iron rod found and said point being at the southeast corner of said Rucker tract recorded in Volume 12591, Page 2267; THENCE N 01" 08' 22" W along the east line of said Rucker tract a distance of 944.88 feet to the Point of Beginning and containing in all 254434 square feet or 5.841 acres of land. EXHIBIT "B" "S-P-1" Letter Invitation Park Proposed Permitted Uses and Development Regulations for S-P-1 Zoning Permitted Uses This property shall be limited to the permitted uses found in the "C-3" General Commercial District as described in Section 22 of the Comprehensive Zoning Ordinance No. 480, as amended with the following inclusions: Only the following shall be permitted uses within this zoning. I . Offices of a business and/or professional nature providing services not including fabrication, manufacture, or production of goods. 2. Any use permitted in the 0-1 Office District. 3. Duplicating services, printing, lithographing, mimeographing, multi-graphing and offset printing, providing that the floor area does not exceed two (2,000) square feet. 4. Financial Institutions. 5. Health service facilities to include clinics, offices of dentists, doctors, and other practitioners of healing arts, licensed or similarly recognized under the laws of the State of Texas; offices for specialists and supporting health service fields, such as physical, audio and speech therapy, podiatry and psychological testing and counseling; dental, medical and optical laboratories. 6. Under building parking shall be permitted accessory as shown on the attached site plan. Development Re laau tions This property shall be subject to the development regulations for the "C-3" General Commercial District, and all other applicable regulations with the following exceptions: 1. Buffer yards and setbacks along internal lot lines shall not be required as shown on the Site Plan. 2. The future buildings on Tract 3D1 shall be similar in design and construction and shall match the exterior elevations, roof height, style and design, building materials and exterior colors of the buildings to be constructed on Tract 3B and 3B1. The future buildings shall be designed and built to give the appearance that all of the buildings belong to the same office park. 3. Phase II buildings shall be provided with a 65 foot minimum horizontal setback from the proposed north right of way line for the Zena Rucker Road 60 foot Right of Way and approximately 125 feet from the south right of way line for Zena Rucker Road which is the northern boundary of the Medium Density Residential LUD boundary. 4. Side Yard shall be fifteen(15) feet. 5. Floor Area: The minimum size for a separate building or structure existing within this district shall be two thousand (2,000) square feet. The maximum size for a separate DEC 3 1 2007 building or structure within this district shall not exceed fifteen thousand (15,000) square feet without City Council approval. 6. Building roof heights shall not exceed 37 ` above finished floor, parapets and towers shall not exceed 50' in height from finished floor level. 7. Freestanding Towers shall not exceed 50' above finished floor. 8. Parking: Parking requirements to be based on General Office requirements of 1 space for each 300 square foot of building. 9. Temporary Entry/Exit to Southlake Blvd. shall have a driveway stacking depth of 70'or greater. End Proposed Permitted Uses and Development Regulations for "S-P-1" Zoning at Invitation Park. DEC 3 y. 2007 Site Plan - ZONED. SYZ''OA 'ZOA'FD:5P7 ZDNGD.AO _ _ _ -r fi. F } JL _ 15 m r,, af~ 1 1 Jv~ _ mar. ~ 1 1 Z 4 1_ Y' a R• R ~ t 1✓ 1 'il 11 ti 4~ 5I ~ 1 11 11 1 1'I ~ ~ 5 vO 1 jell 1 tl iY k ? 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[ao.~. n t uw FEB 1 ZDU( ov spciwa.a unuw,w[wiwres w.ra rrmuarrtv enamor oveww.r F ° f o E a F LP-03 APPLICANT'S PRESENTATION IxNVITATI~N PARK L_ PROFESSIONAL OFFICES Southlake, Texas` 4 - Visions Southwest Developer, iV ayse & Associates inc u - Architects MRYSE Y <SS C C.'ES Developed . . t sue' ~ • Site Central - o `~c e J MARKET y . ~v a....Js: - .;.'C~'. ~ apt . , '+~,,,a~•t , - r fc* ii' 1 Mme. , Q U) itation.Parlt Phase I. & 11 - t ~ ~~~~1~7 hi•. FI"~ Ai► jj!'~}~i~S'i P~':~ f zd>5-,!4r }+o its: _Hl,•w I Fn .SF~ SS C. t5 Invitation Park Ph µ X I & II 3 Proposed Zoning ZONED ZONED AG _ SP1 Invitation Park Phase I & II 4 3]a I~, w f UT~ 5T0.EET r3 o b J y 90 tp RA 44 Q rtt O D G 6 J co s I ' ► J J JJ l~ J€ ~ J 4 U.I 'B IL IN « .g J , ~ r~ r _ 7w~ ,~r~ ~ W=ar. ~ r ~•F' .«r° # r~•ca a asaouana 5 Bldg. 3 Front Elevation . 7 If - t a g$ 6 ~ i ation Park Ph y_ 44` - . ~ ~ M ~ ~ i"~,~0~ - rd~.- 9 .tom , 15 ti .ate s.a Invitation Park P 8e I & II Landscaping p +f~•pN t = _ UI D J5 I O O ID'G6 v1N J J 3J J Q J W I~ B IL IN UI DI G w ~_~tl~uf__•~y"}--- ;~;/`-dui- ~ Y{Ti[ 1 tf tOC~f T[i From Southlake Blvd. - 17 Y Afti r tom-. r~ Y r3v ' Ytt{E f fftYG~f T[{ 1 owaras 5outn IaKe t iva, - t 40W. 0;$ Q s Towards Southlake Blvd, 1114 c. ~ j~ w ql ~ '.a '•97 c m CIATIt 11 Centr*ON*ck Tower L. k 12 Site Looking East L w=ee- ...l~S+_ ~ `1 ~.'t t' ~ .L,yJ, m~...v;_~ji -1+.=.~ `~Y tit ~N'r 44 { 0" Kai f i . • p4 114, Site Looking West 13 ;~xe 1 r. jo- 7 o s~ Bkjr j c ; •'r~ .Y M ra' p . _r Typical Rear Elevation 14 Nils= tl n z. I A ~r f t a~4 •,x.,• it r'~ c~-'v r x ixHrc♦~ ? ~ x•i`sG. o- ~ Ire--~~-,F ~#^~,1 Mc 7 r f t. ~ 'c~_~4 w K ~ ~ ~p~ a{~r~. a -fir Business Center Entry View Elevation, I Q, rail m l 7 IA- s f• sf i ? !iil arf[ a of iOC~atE3 ~ i 18 Typical Building Plan OFFICE p BREAK BREAK ROOM OFFICE ROOM p i RECEPTION x.. `RECEPTIO OFFICE ' OFFICE WAITING art ~s~rE Grapevine Development t r tln -14,11 ~At If Pw ~ 5k ) c , i a ' xk~ R3+ a; ` low z f ar JT+ M 3 ' ar=-. Grapevine Development a low ~ jP. ~ S ,fig (•1'.tr, -+r~ t . ,,yam •r ~ 1 ^ ML 25 t►t~ I rr 1 1 ~ F .r L bi`4 b~"'"?` GrapevineDevelopment x, E 11 7R II . Omx I, t T t 1 = !r L L -41 i 3 k + ~ _ IR V L L ti - Y/.T{E E •{ECCI{TEE - Quarts Putz R a Knock Down Scratch Coat Y r t s ?t : AW Sara[ a asaoc~rea fiat Quarts Putz ~ Knock Down Scratch Coat i t t 5' k -777-777 N i ag r t v_s[ a asaou~Tea Quarts Putz Knock Down Scratch Coat I V 4 { 2 k #s" ~ i J ' ~ ~ ..E ! •ffOC~•TE{ Proposed Door and Ww. :j s t k14r,3''y,. - - ,ems 1 ~ 1... YJ. Proposed Porch Lights Front Porch Light Fixture r Rear Porch Light Fixture .a ATfE 1 tf DCATE1 Yard Arm Signage y 4 4ti x^' 't7 t 1 Lsw Ollice Ltd. r G j so A+61 6 Il{O-TE{ Proposed Park Walkway 1 } ~ # ,lam • .}L. ~ ~ a...~ T . I' Grey Quartz Cobblestones Proposed Park Furniture a 'R~ is Ke'Ae€~~-l-C. • iE i~f0~l•-Eyi Ornamental Fencing & Tree Grates qr f IR 4 ~o E S SSSOC+STES Proposed Site Lights i i l ~n,-'~"'~•t' YIYSF 1 ~550[iltff 33 Propo$041~14ock Face r _ ^}r 4 .ar ° ~ ' ~ 1.x.1 fin .j~*+ x i ~ ~ .r~ ~ !1... ,s.-ter' ,~r♦ _•r ;1}.+ r j VIA _ - _ Aim L I,NVITATION PARK 4 Southlake, Texas Questions and Answers v .ra_ a t k+ z --,Slow 1 y a M F R~ i® Potential Underground Drainage System ^r r x jai 777 77 ire /r i!`rr ✓i{N°fi.~J' l~•~j ~••r////o ~f~r''~J•{~I[l~((•.rrrr Fry ~'•f rt v f~ r lr « pry, Potential Underground Drainage System y a r a r 'l M.~~~r's'"M x^'y"~ ~,y,S ~`~1.~~ .x~~ w`~!.►.-~''." i t w ~,w ~ a.`•t ' ~ ~ : ~r42.Z.ar► a'' ~'+r ~ r r i ~ rr ~ rryt~" s'.". " • si 'x.24. Ale% 14, IV ~1jT•~.. r 44 R L p . Potential Underground Drainage System .r * aT+ r I 1 ttrlfr.j]Fj }T 41 i1 S^.. *i `S .1 t,~i~ .f/llft (t ° { ~i1 t~ Y Y ~VS~ ".,y w - f ~ ~,Zk~~~~ilS a `'Ifflif ff f r fIf tff 01, STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § DEVELOPMENT AGREEMENT This agreement details the mutual understandings of Vision Southwest Silverlake, L.L.C. ("VSS") and the William W. and Zena Rucker Family Trust ("Rucker") pertaining to various issues involving the potential development of our properties located on Southlake Blvd., Southlake, Texas, and is being provided in exchange for our mutual support in the planning, zoning, and approval process for that portion of the property owned by VSS which is intended to be developed as a three story commercial office condominium, the balance of the property of VSS which is intended to be developed as single family residential and the property owned by Rucker which is intended to be developed as single family residential. VSS owns 7.67 acres (more or less) of land on E. Southlake Blvd., identified on Exhibit "A" (the "VSS Property"). VSS is planning a three story commercial condominium development on the north 5.67 acres (more or less) of the VSS Property which is identified on Exhibit "A" as the "VSS Commercial Development Property", reserving the southernmost 2 acres (more or less) of the VSS Property for future residential development (as noted on Exhibit "A" the "VSS Residential Development Property"). VSS confirms, consistent with the existing easement, to provide at all times throughout the construction of the VSS Commercial Development and the VSS Residential Development, continuous access to a public street from the 4.2259 acre property (as identified on Exhibit "A", the "Rucker Property"). The owners of the property bordering the east side of the VSS Property, RCP Southlake Boulevard #2, Ltd. ("RCP") are planning on building a road along the border of the east side of the VSS Property (the "RCP Road Location"). This planned road is further identified on Exhibit "A". In the event that RCP builds all weather, gravel, or comparable type road on the RCP Road Location, and by appropriate instrument RCP allows Rucker access on this road in order to facilitate access to a public road, then Rucker agrees to accept this access to a public road as an alternative to access through the VSS Commercial Development Property. Rucker agrees to provide and grant the right-of-way for the extension of Zena Rucker Road (the "Rucker Road Extension') in accordance with the red dashed lines as indicated on Exhibit "A", and to construct or cause to be constructed such Rucker Road Extension at such time as Rucker, other property owners, and the City of South lake deem to be appropriate; it being understood that such road may be constructed in stages. At such time as the Rucker Road Extension is constructed, VSS agrees, upon Ruckers' request and receipt of proof that the City of Southlake has accepted the road, to pay for that section of said road that runs across or borders the VSS Property. (This section of the proposed Rucker Road Extension is identified on the attached Exhibit "A"), and to grant such temporary construction easements as may be necessary, reasonable, and appropriate to accommodate construction of the Rucker Road Extension. It is specifically understood and agreed by both parties that the Rucker Road Extension shall in substantial part be outside (to the south of) the VSS Commercial Development property, but VSS shall grant, upon reasonable request, right-of-way for any portion of the VSS Property which is within the right-of-way of the Rucker Road Extension, provided that the right-of-way of the Rucker Road Extension is located as indicated on Exhibit A by the red dashed lines. The parties agree to cooperate with each other at such time as each party may apply for the rezoning of their respective properties to the south of the Rucker Road Extension to residential. The parties agree to cooperate with each other and the City of Southlake in the proposed development of a roundabout section of the Rucker Road Extension at the appropriate and approximate general location as shown on Exhibit "B". VISION SO SILVERLAKE, L.L.C., a Texas limited liability company By. B. B em THE WILLIAM W. AND ZENA RU 51k FAMILY TRUST By. 6v er, Trustee W s A-4 I tit f STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this J7 day of 008, by , ility company, known to of VISION SOUTHLAKE SILVERLAKE, L.L.C., a Texas limite ri ated. me to be the person who executed this agreement in the capaci and for a purposes n st SUMMER HOUSMAN$ = Notary Public, State of Texas Public in and for the State of Texas ' misaion Expires / S _rMbef 21, 2010 Swbir►r~ /~erlu-S ur (Type or Print Name) STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this J- day of L- 008, by Zena Rucker, Trustee of THE WILLIAM W. AND ZENA RUCKER FAMILY TRUST, known t me to be the person who executed this agreement in the capacity and for the purposes therein stat SUMMER HOUSMANS Notary Public, State of Texas My Commission Expires Notary Public in and for the State of Texas Novo r21.2010 ✓GeYGVC~ A7K ~ f (Type or Print Name) AFTER RECORDING RETURN TO: Zena Rucker EXHIBIT "All VSS Property and Rucker Property [To be attached] MEE - s -in HEW: f- - b - - - _ - lose 2- Ow. t E'er x MORE BL - g 1 =tH MEN* mew - s t OT - # ~ r perry rye s r _ Wig M&W - _ •~`~'aFaas yam? - = HIM Rail = _ -s« i P. MR: - MEN- 1 Mow! Mu W~ rE - _ { E t~ ue ~a Ewa e ~i - in ONE i ?E f F s a, ~ •x~-~~x ter' ~ ~ s~- { c" ~ 3 ~ a Eli 4 ! - - oil EXHIBIT 'TB" Rucker Road Extension Roundabout [To be attached] EXHIBIT B 3 ITT a far, i W7E _-c-- - - _ L 'D N-11 :r `a - a G! - r~ _ - - - - PE 1-- s r'`~+Efa-~FdEE_ E~_. E~E~ .•r.@ rKi _ :.k-i:~ ~ ~Eu MR, 'Rim vc_r mrz-~ g rE~` 4 :ems Lit- M mm Mir tea- ~:+-f''~ cc - 'k +e ..•-z-~sscJO` .'mac e-__=-~'ex~ ;~'r='.af _ ~ - -ems - .~2 _ ~ - xF''~ . ~ -~~-s~ t4 4L E:ffu EM lB tc t. ..E E-'k}F6 A "WF a -1127" F -::tom E!h e _ t~ rrs4 • F - $ ram: stn ~EAZL~ -FEN7f F.: ILL, € L - - n- _ - e • INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 294447981 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 2/22/2008 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2/29/2008 Bill To: PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 29444798 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn EVELYN .HIGHTOWER Publication Date: 2/22/2008 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 112 112 LINE $0.81 $90.72 Sales Discount ($5.00) Misc Fee RECEIVED $5.00 MAR 1 0 2008 Net Amount: $90.72 OFFICE OF CITY SECRETARY ,eFit: CHRISTY L.HOLLAND * MY COMMISSION EXPIRES July 31,2008 THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in t ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed SUBSCRIBED AND SWORN TO BEFORE ME,THIS Sunday,F rua 2008. Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 294447981 Invoice Amount: $90.72 PO Number: NO PO Amount Enclosed: $ r . ? CITY OF SOUTHLAKE ORDINANCE NO.480- 549 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY I DESCRIBED AS TRACTS 3B & 3B01, AND A PORTION OF TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING AP- PROXIMATELY 5.84 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COM- MERCIAL DISTRICT AND "AG" AGRI- CULTURAL DIS- TRICT TO "S-P-1" •i DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE MAYOR: Andy APPROVED SITE ' WambsgMAYOR: anss PLAN ATTACHED ATTEST: Lon Payne, HERETO AND IN- City Secretary CORPORATED -� HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER- ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vi- olates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. PASSED AND AP- PROVED THIS THE 19th DAY OF FEB- RUARY, 2008, DUR- ING THE REGULAR CITY COUNCIL MEETING. kINVOICE Draft Only Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 293733911 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 2/1/08 C Federal Tax ID 22-3148254 FEBTerms: Net due in 21 days Due Date: 2/29/08 Bill To: / i62OjPO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 29373391 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 2/1/08 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I3580 1 126 126 LINE $0.81 $102.06 Sales Discount ($5.00) Misc Fee RECEIVED $5.00 iwitt c i (! Net Amount: $102.06 OFFICE OF CITY SECRETARY I * ' -'ik CHRISIY L.HOLLAND r' "5 MY COMMISSION EXPIRES � ? July 31,2008 THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in th- above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed SUBSCRIBED AND SWORN TO BEFORE ME,THIS Sunday,F•.rua�0/ 108. Notary Publi. Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 293733911 Invoice Amount: $102.06 PO Number: NO PO Amount Enclosed: $ 44. CITY OF SOUTHLAKE Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held on Feb- ruary 19, 2008, at 5:00 p.m. or imme- diately following the Work Session, dur- ing the Regular City Council meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, South- lake,Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance: ORDINANCE NO. 480-549 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS TRACTS 3B & 3601 AND A PORTION OF t TRACT 3D01, O.W. KNIGHT SURVEY ABSTRACT No. 899 AND BEING AP- PROXIMATELY 5.84 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COM- MERCIAL DISTRICT. AND "AG" AGRI- CULTURAL DIS-, TRICT TO "S-P-1"' DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND IN- CORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER- ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; ' PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. VE �, Any person, firm iC- corporation who vi- olates, 1 ji olates, disobeys, omits, neglects lec comply FEB 2 6 0008 or refuses to coo mply 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: City of Southlake Lori Payne City Secretary