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Ordinance 2025-11ORDINANCE NO. 2025-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2024-14, AGRICULTURAL DISTRICT (AG/30) TO SINGLE FAMILY - 10 DISTRICT (SF 10/24) ON 59.755 ACRES TO ALLOW FOR A SINGLE-FAMILY DETACHED DEVELOPMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single Family 10/24 (SF-10/24), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and Development Agreement are an integral component of the development of the property and are attached as Exhibit B and Exhibit C. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. Ordinance No. 2025-1 1 Country Club Estates (ZC 2024-14) Page 1 of 2 SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this 11 th day of March, 2025. lae-04./91 Mat ew Porter, Mayor IZONM ► r vww&Jr!rzvw-vv� Stephanie Storm, City Secretary Date of Publi c , AMarch 20, 2M,'in "7-he Wylie News Ordinance No. 2025-11 Country Club Estates (ZC 2024-14) Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION BEING a tract of land situated in the William Patterson Survey, Abstract Number 716, Collin County, Texas being all of a tract of land described in deed to Matthew M. Butschek and Catherine V. M. Butschek, husband and wife, recorded in Clerks File No. 97-0001744, the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being all of a tract of land described in deed to Matthew M. Butschek and Catherine V. M. Butschek, husband and wife, recorded in Clerks File No. 97-0001745 O.P.R.C.C.T., and being all of a 40.00 acre tract of land described in deed to D-Dreams, Inc., recorded in instrument number 20070131000142850, O.P.R.C.C.T., and being more particularly described as follows: Beginning at the northeast corner of said Butschek tract (97-0001744), being the southeast corner of Country Ridge Phase A, an addition to the City of Wylie, recorded in Cabinet O Page 309, in the Plat Records of Collin County, Texas (P.R.C.C.T.), being in the west right of way line of Country Club Drive (FM 1378); THENCE South 01 degree 42 minutes 52 seconds West, with the west line of said Country Club Drive and east line of said Butschek tract (97-0001744), a distance of 372.61 feet to the southeast corner of said Butschek tract (97-0001744) and northeast corner of a 24.50 acre tract of land, described in deed to CS SECURE TRUST, Carole Carrington Shaw, Jeffrey Glen Shaw, and Victoria Carrington Shaw Arp, Co - Trustees, recorded in instrument number 2024000021221, O.P.R.C.C.T. ; THENCE North 89 degrees 18 minutes 11 seconds West, with the south line of said Butschek tract (97- 0001744) and the north line of said 24.50 acres tract, a distance of 1,167.47 feet to the northerly northwest corner of said 24.50 acre tract, being in the east line of said Butsheck tract (97-0001745); THENCE South 00 degrees 58 minutes 57 seconds West, with the east line of said Butsheck tract (97- 0001745), a distance of 172.52 feet to the southeast corner of said Butsheck tract (97-0001745), being an ell corner of said 24.50 acre tract; THENCE South 87 degrees 44 minutes 39 seconds West, with a south line of said Butsheck tract (97- 0001745), a distance of 208.03 feet to the westerly northwest corner of said 24.50 acre tract and a southwest corner of said Butsheck tract (97-0001745), being in the east line of said 40.00 acre tract; THENCE South 00 degrees 06 minutes 43 seconds West, with the east line of said 40.00 acre tract and the west line of said 24.50 acre tract, a distance of 1,101.06 feet to the southeast corner of said 40.00 acre tract and the southwest corner of said 24.50 acre tract, being in the north right-of-way line of McMillen Road; THENCE South 89 degrees 00 minutes 53 Seconds West, with the north line of McMillen Road and south line of said 40.00 acre tract, a distance of 1,239.99 feet to the southwest corner of said 40.00 acre tract and the southeast corner of a called 112.18 acre tract of land described in deed to Pamela Joe Thronburg, recorded in Instrument Number 20100416000373400, O.P.R.C.C.T.; THENCE North 00 degrees 06 minutes 43 seconds East, with the west line of said 40.00 acre tract and east line of said 112.18 acre tract a distance of 1,405.27 feet to the northwest corner of said 40.00 acre tract and the southwest corner of said Butschek tract (97-0001744); THENCE North 01 degrees 41 minutes 55 seconds East, continuing with the east line of said112.18 acre tract and with the west line of said Butschek tract (97-0001744); with the east line of said 112.18 acres tract to a point, a distance of 253.31 feet to the southwest corner of Country Ridge Phase B, an addition to the City of Wylie, as recorded in Cabinet Q Page 560, P.R.C.C.T; THENCE South 89 degrees 18 minutes 30 seconds East, with the with south lines of said Country Ridge Phase A and B, and with the north line of said Butschek tracts, a distance of 2,612.93 feet to the POINT OF BEGINNING and containing 59.75 acres of land. I 50 p0 CVW RWGE PH45E O, Pcp30B IDNED D _i__.__ ___I _ __T___ 1 I I � _ _ _ T.- v o Pc m i- _ _._. _ r q q i n q q u n rs II q v • z • • I F____ "II I_ _._ J I • q n q . u q n I q r I I I. i I �I i r r r Ir. 33 32 31 }0 29 28 27 26 25 24 23 22 21 20F1.9 18 I/ Ib 15 �w rmw 14 7,�'. 10 9 8 7 65 _ _.,. -G n ••m,. I 14 13 12 11 10 9 8w 7 6 5 4 } 15 2 1/ 13 12 II 10 9 8 ] 1— St v 6 5 4 m w m IIR F_I IS 16 17 IB 19 20 21 22 23 24 25 26 27 28 �i „.}wN r.wP ...�. N.en. r.",r ..wq r.w. ..• .. ,. N89• 0'11"W 1187.4M _ J I • a.x r. w .." r.. .. - - _ g�Eyyypp1zEi {j-- 'S4'H4.v� P n TNRONBLNG ji1 D0C. N0. El20100416000373400 5 li rll rw 9 r6 •' r6 r ..,•r I6 �-• s r 4 3 z 1 O SHr H•39"w I i j � P07.99' 6 17 li © I �• I 12 13 14 15 16 17 18 19 21D 21 22 I �• 1 w m w Iw Da.No i00iosri00p646930 I' ZONED Po 8-7------- _____---- - ---- 6 L________________ I 19 FI 9 .2 rt IY 2w I i � I r I qp W IIgW 10 'I r21 ]tIi C �� O •w —WJn� mNc.rwr. Rll q•flpwl rV•7rt— f 12 I} 14 15 16 17 18 19 20 21 22 1 r22 i Ly OrtY RE •VJrJ•Ll________________ 1 25 � Y prP wENTs SITE DATA 7YPIE& MEIENT SECTION TOTAL LOTS 181 LOTS r1� i ..w +. •« .« .w. .« .« .,," N'S TOTAL ACREAGE 59,755 AC, 1 11 10 r9 r8 r 7 r 6 r 5 r 4 r 3 r 2 1 II +•4 CTOTAL URRENT ZONING AG LOOTS ty% PROPOSED ZONING SF10/24 1 N G 1 r 1 ..� 1 12 u 14 15 n 1e 1e zo 21 zz � �:6 I 16 l i r.rm q j 39 38 3] 36 35 r34 •33 • 32 r31 30 29 ' 28X LDGIWN W OWNERS D-DREAMS INC MATTHEW BUTSCHEK R.IRVN0. TE- 75062 WrLE, TE%AS 75098 ZONING EXHIBIT 59.755 ACRE TRACT -.I WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716 II THE CITY OF WYLIE COLLIN COUNTY, TEXAS MPLICAN7 SKORBURG COMPANY 8214 rDA�L �E TE%S N75225TE. 900 PREPMED69Y CORWIN ENGINEERING, INC. eE .12 KLEN, TE%45 75013 -12W MNEN L JNIUMx•-2025E. S— SL7LE NOTICE OF CONFIDENTIALITY' RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER. After Recording Return to: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 DEVELOPMENT AGREEMENT AMONG SKORBURG RETAIL CORPORATION AND THE CITY OF WYLIE, TEXAS This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by and among the CITY OF WYLIE, TEXAS, a home -rule municipality ("Wylie"), and SKORBURG RETAIL CORPORATION, a Texas corporation ("Developer'). Wylie and Developer are each referred to herein as a `'party" or collectively as the " ap rtigs." WHEREAS, Developer warrant that they are the sole owners of that certain tract of land situated in the City of Wylie, Collin County, Texas, consisting of approximately 59.75 acres situated in the William Patterson Survey, Abstract No. 716, generally located at 1755 FM 1378 & 2241 McMillen Road. Wylie, Texas 75098, and more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes (the "Pro e "); and WHEREAS, Developer seeks to develop a new single family residential development, Country Club Estates, under the Single Family - 10 District (SF 10/24) with a maximum number of residential lots not to exceed 181 lots on the Property; and WHEREAS, Developer and Wylie agree that Wylie has adopted certain standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings in Wylie; and WHEREAS, Developer desires to voluntarily consent to complying with Wylie's standards for building products and materials and aesthetic methods, as referenced in Exhibit B, attached hereto and incorporated herein for all purposes (collectively, "Building Materials Standards"), in the construction, renovation, maintenance and alteration of all buildings currently existing and to be built in the future on the Property, regardless of whether the Property develops as Developer desires or intends or not; and WHEREAS, Developer agrees to voluntarily construct, at Developer's expense, additional improvements that are not required under Wylie's Single Family — 10 District (SF 10/24), as referenced in Exhibit C, attached hereto and incorporated herein for all purposes (the '`Additional Improvements"), in the construction of the development on the Property; WHEREAS, Wylie hereby designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Government Code; and Development Agreement — Country Club Estates Building Materials Standards Page I of 17 3277435 WHEREAS, the parties agree that they enter into this Agreement pursuant to Section 3000.002(d) of the Texas Government Code with the full understanding and intent that Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on the Property as of the Effective Date (hereinafter defined) of this Agreement; and WHEREAS, the Wylie City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set forth herein. NOW. THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Developer agree as follows: Incorporation of Recitals. The representations, covenants and recitations set forth in the forth in the foregoing recitals of this Agreement are true and correct, are incorporated into the body of this Agreement and are adopted as findings of Wylie and Developer. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents and warrant that Developer is the sole owner of the Property as of the Effective Date of this Agreement. Building Materials Standards. (a) In the construction, renovation, maintenance and alteration of any existing or future building on the Property, Developer shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that does not comply with the Building Materials Standards, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. Developer voluntarily consents and agrees to comply with this Agreement and the Building Materials Standards in the construction, renovation, maintenance and alteration of any existing or future building on the Property. (b) Before commencement of construction, renovation, maintenance or alteration of any existing or future building on the Property on or after the Effective Date of this Agreement, Developer shall impose deed restrictions on the Property, incorporating the requirements of this Agreement. As a condition of Wylie's issuance of any building permits on the Property, Developer shall submit to Wylie the proposed deed restrictions in compliance with this Agreement. The deed restrictions must be approved, in writing, by the Wylie City Planner. Wylie is entitled to withhold building permits on the Property (in addition to any other remedy available to Wylie) in the event that Developer has not obtained such written approval. Once approved, Developer shall record the approved deed restrictions in the Real Property Records of Collin County, Texas. The approved deed restrictions may not be amended, terminated or otherwise modified after Wylie's approval thereof without the prior written consent of the Wylie City Planner. Wylie shall be a third - party beneficiary of the approved deed restrictions, and Wylie shall have the right Development Agreement — Country Club Estates Building Materials Standards Page 2 of 17 3277435 but not the obligation to enforce this Agreement and the approved deed restrictions, as they exist or may be amended. (c) Wylie designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Government Code. Developer voluntarily consents and agrees to such designation. Developer voluntarily waives any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agrees that Wylie's right to enforce the Building Materials Standards arise from this Agreement and not from a rule, charter provision, ordinance, order, building code or other regulation of Wylie. Developer agrees that Wylie is entitled to amend, revise, supplement and otherwise modify the Building Materials Standards in Wylie's sole discretion. 4. Default. (a) If Developer fails to comply with any provision of this Agreement, and such failure is not cured within thirty (30) days after Wylie sends written notice of such failure to Developer, then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Real Property Records of Collin County, Texas as a lien or encumbrance on the Property; (ii) to refuse to accept any portion of any public improvements on the Property or associated with the development of the Property; (iii) to refuse to issue building permits for any building on the Property; (iv) to refuse to issue a Certificate of Occupancy for any building on the Property; (v) to require Developer, another owner of the Property, or a portion thereof, and/or a contractor thereof to immediately cease the construction, renovation, maintenance and/or alteration of a building on the Property; and/or (vi) to seek specific enforcement of this Agreement. (b) If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer, then Developer may seek specific enforcement of this Agreement as Developer's sole and exclusive remedy. 5. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Wylie shall not, under any circumstance, be required to tender, or be Development Agreement — Country Club Estates Building Materials Standards Page 3 of 17 3277435 liable to Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein. 6. Covenant Running with the Land. This Agreement shall be a covenant running with the land and Property, and shall be binding on the Developer and their respective successors and assigns. Wylie shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. Developer represents and warrants that there are no liens, attachments or other encumbrances that prohibit or affect the right of Developer to grant such superior and priority encumbrance, lien or interest as described herein. If such a condition does exist, however, Developer shall obtain a signature with acknowledgment from the holder of such lien, attachment or encumbrance, subordinating any such lien, attachment or encumbrance to Developer's rights granted herein. 7. Limitations of Agreement. Wylie ordinances covering property taxes, utility rates, permit fees, inspection fees, tree mitigation fees, impact fees, development fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Wylie under any ordinance, whether now existing or in the future arising. 8. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the Party to be notified, postage pre -paid and registered or certified with return receipt requested; by facsimile; by electronic mail, with documentation evidencing the addressee's receipt thereof, or by delivering the same in person to such Party a via hand -delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Wylie, addressed to it at: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Facsimile: (972) 516-6026 Email: brent.parkera'wylietexas.bo-.- with a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attention: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Development Agreement —Country Club Estates Building Materials Standards Page 4 of 17 3277435 Telephone: (214) 544-4000 Facsimile: (214) 544-4044 Email: _ If to Developer, addressed to Developer at: SKORBURG RETAIL CORPORATION 8214 Westchester Dr., Ste 900 Phone: 214-522-4945 Fax:214-522-7244 Email. 9. Indemnity. (a) DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION OF ANY DEVELOPER OR ANY OF EACH DEVELOPER'S OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION, WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING EACH DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ANY DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. Development Agreement — Country Club Estates Building Materials Standards Page 5 of 17 3277435 (c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Acknowledgement of Wylie's Compliance with Federal and State Constitutions. Statues and Case Law and Federal State and Local Ordinances. Rules and Reyulations; Developer's Waiver and Release of Claims For Oblations Imposed by this Agreement. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (i) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER, IN WHOLE OR IN PART, DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; (C) VIOLATION OF THE TEXAS GOVERNMENT CODE, INCLUDING CHAPTER 3000, AS IT EXISTS OR MAY BE .AMENDED (D) NUISANCE; OR (E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) EACH DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY OF DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO OR AS A RESULT OF THIS SECTION. (b) EACH DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (c) EACH DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code, as amended, and nothing in this Agreement provides Development Agreement —Country Club Estates Building Materials Standards Page 6 of 17 3277435 Wylie with fair notice of any project of Developer. EACH DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. Loc. GOV'T CODE § 271.153, as it exists or may be amended, if applicable. 13. Warranties/Representations. All warranties, representations and covenants made by one party to the other in this Agreement or in any certificate or other instrument delivered by one party to the other under this Agreement shall be considered to have been relied upon by the other party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either party. 14. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 15. Governing, Law; Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 16, Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 17. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 18. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date (hereinafter defined). Development Agreement —Country Club Estates Building Materials Standards Page 7 of 17 3277435 19. Savings; Severabilitv. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 20. Representations. Each party represents that it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 22. Assipnment/Bindin Effect. ffect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any, other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact name, address, phone number, fax number and electronic mail address of the assignee, (iii) Developer will file any approved, executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file -marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file - marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance, recognize said Assignment. (b) This Agreement shall be binding upon and inure to the benefit of Wylie and Developer. 23. Indemnification. The Parties agree that the Indemnity provisions set forth in Section 9 and Section 10 herein are conspicuous, and the parties have read and understood the same. Development Agreement — Country, Club Estates Building Materials Standards Page 8 of 17 277743; 24. Waiver, Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 25. Immunity. It is expressly understood and agreed that, in the execution and performance of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 26. Reference to Developer. 'When referring to "Developer" herein, this Agreement shall refer to and be binding upon Developer, and Developer's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and any other third parties for whom Developer is legally responsible. 27. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and be binding upon Wylie and Wylie's Council Members, officers, agents, representatives, employees and any other authorized third parties for whom Wylie is legally responsible. 28. Miscellaneous Draftinp, Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the par -ties and are not intended to be used in construing this document. [Signature page follows.] Development Agreement — Country Club Estates Building Materials Standards Page 9 of 17 3277435 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). CITY OF WYLIE, TEXAS, a home -rule municipality Date: Attested to by: Stephanie Storm, City Secretary STATE OF TEXAS § COUNTY OF COLLIN § Brent Parker, City Manager BEFORE ME, the undersigned authority, on this day personally appeared Brent Parker, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the City Manager and duty authorized representative for the City of Wylie, Texas, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of .2025. Notary Public, State of Texas My Commission Expires:_ Development Agreement — Country Club Estates Building Materials Standards Page 10 of 17 3277435 SKORBURG RETAIL CORPORATION, a Texas corporation By: Adam Buc , Authori gner Date: STATE OF TEXAS COUNTY OF S BEFORE :CIE, the undersigned authority, on this day personally appeared Adam Buczek, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he executed the same for the purposes and consideration therein stated and in the capacity therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this = day of �kQY'(kl , 2025. k' Brooke Ashley Van Voorhis Notary Public, State of Texas My Co missio Expires My Commission Expires: Notary 10134742171 Development Agreement — Country Club Estates Building Materials Standards Page I I of 17 1277435 Exhibit A Legal Description of the Property BEING a tract of land situated in the William Patterson Survey, Abstract Number 716, Collin County, Texas being a] I of a tract of land described in deed to Matthew M. Butschek and Catherine V. M. Butschek, husband and wife, recorded in Clerks File No. 97-0001744, the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being al] of a tract of land described in deed to Matthew M. Butschek and Catherine V. M. Butschek, husband and wife, recorded in Clerks File No. 97-0001745 O.P.R.C.C.T., and being all of a 40.00 acre tract of land described in deed to D- Dreams, Inc., recorded in instrument number 20070131000142850, O.P.R.C.C.T., and being more particularly described as follows: Beginning at the northeast comer of said Butschek tract (97-0001744), being the southeast comer C� of Country Ridge Phase A, an addition to the City of Wylie, recorded in Cabinet 0 Page 309, in the Plat Records of Collin County, Texas (P.R.C.C.T.), being in the west right of way line of Country Club Drive (FM 1378), THENCE South 01 degree 42 minutes 52 seconds West, with the west line of said Country Club Drive and east line of said Butschek tract (97-0001744). a distance of 372.61 feet to the southeast comer of said Butschek tract (97-0001744) and northeast comer of a 24.50 acre tract of land, described in deed to CS SECURE TRUST, Carole Carrington Shaw, Jeffrey Glen Shaw, and Victoria Carrington Shaw Arp. Co -Trustees, recorded in instrument number 2024000021221, O.P.R.C.C.T.: THENCE North 89 degrees 18 minutes I I seconds West, with the south line of said Butschek tract (97-0001744) and the north line of said 24.50 acres tract, a distance of 1,167.47 feet to the northerly northwest comer of said 24.50 acre tract, being in the east line of said Butsheck tract (97-0001745); THENCE South 00 degrees 58 minutes 57 seconds West, with the east line of said Butsheck tract (97-0001745), a distance of 172.52 feet to the southeast comer of said Butsheck tract (97- 000 1745), being an ell comer of said 24.50 acre tract; THENCE South 87 degrees 44 minutes 39 seconds West, with a south line of said Butsheck tract (97-0001745), a distance of 208.03 feet to the westerly northwest comer of said 24.50 acre tract and a southwest comer of said Butsheck tract (97-0001745). being in the east line of said 40f.00 acre tract; THENCE South 00 degrees 06 minutes 43 seconds West, with the east line of said 40.00 acre tract and the west line of said 24.50 acre tract, a distance of 1.101.06 feet to the southeast comer of said 40.00 acre tract and the southwest corner of said 24.50 acre tract, being in the north right-of-way line of McMillen Road, THENCE South 89 degrees 00 minutes 53 Seconds West, with the north line of McMillen Road and south line of said 40.00 acre tract, a distance of 1,239.99 feet to the southwest comer of said 40.00 acre tract and the southeast corner of a called 112.18 acre tract of land described in deed to Pamela Joe Thronburg, recorded in Instrument Number 20100416000373400, O.P.R.C.C.T.; Development Agreement — Country Club Estates Building Materials Standards Page 12 of 17 3277435 THENCE North 00 degrees 06 minutes 43 seconds East, with the west line of said 40.00 acre tract and east line of said 112.18 acre tract a distance of 1,405.27 feet to the northwest corner of said 40.00 acre tract and the southwest corner of said Butschek tract (97-0001744); THENCE North 01 degrees 41 minutes 55 seconds East, continuing with the east line of said 112.18 acre tract and with the west line of said Butschek tract (97-0001744); with the east line of said 112.18 acres tract to a point, a distance of 253.31 feet to the southwest corner of Country Ridge Phase B, an addition to the City of Wylie, as recorded in Cabinet Q Page 560, P.R.C.C.T; THENCE South 89 degrees 18 minutes 30 seconds East, with the with south lines of said Country Ridge Phase A and B, and with the north line of said Butschek tracts, a distance of 2,612.93 feet to the POINT OF BEGINNING and containing 59.75 acres of land. Development Agreement — Country Club Estates Building Materials Standards Page 13 of 17 3277435 Exhibit B Building Materials Standards As used in this Agreement, the term "Building Materials Standards" shall include all standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings as set forth or referenced in the following: Ordinance No. 2021-19, Zoning Ordinance, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto). including but not limited to Section 3.4 (Residential Design Standards) 2. The Planned Development zoning ordinance or other zoning ordinance that approved the zoning on the Property, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 3. Ordinance No. 2018-14, International Property Maintenance Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 4. Ordinance No. 2018-13, International Existing Building Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 5. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 6. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 7. Ordinance No. 2017-39, International Residential Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 8. Ordinance No. 2017-37, InternationaI Plumbing Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 9. Ordinance No. 2017-34, International Energy Conservation Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) 10. Ordinance No. 2017-32, International Building Code — Commercial and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion (and any successor ordinance thereto) Development Agreement —Country Club Estates Building Materials Standards Page 14 of 17 3='7435 11. Any other existing or future or successor ordinance, rule or regulation adopted by the Wylie City Council that establishes a standard for a building product, material or aesthetic method in construction, renovation, maintenance or other alteration of a building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building Development Agreement — Country Club Estates Building Materials Standards Page 15 of 17 3277335 Exhibit C Additional Improvements As used in this Agreement, the term "Additional Improvements" shall include all additional improvements as set forth below: An eight -foot (8') high board on board cedar wood fence, with a cap on top, along the nor -them property boundary adjacent to the existing residential subdivision shall be built by the Developer. This fence shall be built before any building certificates of occupancy are issued. Additionally, the Homeowners' Association (HOA) shall be responsible for maintaining this fence. 2. An eight -foot (8') high board on board cedar wood fence, with a cap on top, along the western property boundary adjacent to the property located in the extraterritorial jurisdiction (ETJ) shall be built by the Developer. This fence shall be built before any building certificates of occupancy are issued. Additionally, the Homeowners' Association (HOA) shall be responsible for maintaining this fence. 3. Following the Developer obtaining the required demolition permit, all the existing radio towers located on the Property shall be removed. No horizontal construction shall commence on the Property until all the existing radio towers have been safely removed. 4. The Developer shall coordinate with both Wylie staff and the Country Ridge Homeowners Association (HOA) and collectively choose one (1) of the following options: (a) The Developer shall provide a connection to the existing Sweetgum Drive right-of-way with a paved private access easement to be constructed by Developer. Additionally, this connection to Sweetgum Drive shall be restricted for emergency vehicle access only through an automatic gate. Both the private access easement and automatic gate shall be owned and maintained by the Homeowners' Association (HOA). Development Agreement —Country Club Estates Building Materials Standards Page 16 of 17 3277435 (b) The Developer shall construct a new drainage inlet in the Sweetgum Drive right-of-way, and a new storm sewer line through an easement in the development on the Property, as generally depicted in figure C-1 below. Final design and size of the inlet and storm sewer line shall be determined during engineering plan approval. Figure C-1 1 Development Agreement — Country Club Estates Building Materials Standards Page 17 of 17 3277435 CAS btu' faruret�Ui(fe TII71P6 • Murphy Monitor • The Princeton Herald • ,Nc'vvs • 'I'IIh WVI,IF NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice — Ordinances No. 2025-09, 2025-10, and 2025-11 was published in said newspaper on the following date(s), to -wit: March 20, 2025 aW6.1� Chad Engbrock, Publisher Subscribed and sworn before me on this, the 27th day of March, 2025, to certify which witness my hand and seal of office. Ec% SONIA A DUGGAN Notary ID #1266463143 My Commission Expires August 12, 2028 i My commission expires 08/12/2028. MwphrlSachse-AV'Oic Office • 110 N. Ballard • P.O. Box 369 - Wldie, I \ 7>098 • 9 2 1 12?515 1 xrmir��ille,l nn�:cwa (Alice • 101 S. Main • P.O. Box 512 I arnwiseilh,_"I\ .5142 . y 2 .S_jA;9' CITY OF ' WYLIE Ordivarice Ordinance No.2825-11 No.20Z'.49 An Ordinance. of the City of Wylie; Ord6ue An Ordinance of . Texas, - amending ' No. 2025-10 the City of Wylie, the Comprehensive Texas, amending Zoning Ordinance An Ordinance of , . the Comprehensive of the City of Wy- the, City of Wylie, Zoning Ordinance lie, as heretofore : Texas, ' amending of the City of Wy- amended, so as to a the Comprehensive lie, as heretofore change the zoning Zoning Ordinance amended, so as to on the hereinafter of the City of Wy- change the zoning described property, . lie, as, heretofore on the hereinafter zoning case number '_amended, so as to described property, 2024-14, agricultur- $ change the zoning zoning case num- al district (A,C/30) on the hereinafter ber 2024-12, from to single family -10 described property, .planned develop- district. (SF 10/24) zoning case num- ment ` 2022-06 (PD on 59.755 acres to ; ber 2024-15, light , 22-06) to commer- allow fora single- , industrial (LI) to cial corridor and family detached lii t- industrial - commercial cor- development,, pro- *special use permit ridor - special use viding for a penalty ; (LI-SUP) on 1.2 permit (CC & CC- for the violation 'of "acres to allow for an SUP) on 5.43 acres this ordinance; pro- automobile repair to allow for a chive- viding for the repeal major use; provid- through restaurant of all ordinances in ; ing for a penalty for use and cgramereial conflict; providing the violation of this uses; providing for severability , clause; ;ordinance; provid- a penalty for the and providing for an ing for the repeal violation of this or- effective date. 9 of all ordinances in dinaace; providing � conflict; providing a for the repeal of all aa.it-to9tt " severability clause; ordinances in con- and providing for an flict; providing a n effective date. severability clause; and providing for an effective date.