02-05-1987 (Planning & Zoning) Agenda Packet AGENDA SUMMARY
PLANNING & ZONING COMMISSION
THURSDAY, FEBRUARY 5, 1987
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - REZONING OF DUPLEX SECTION OF CRESCENT COVE
(NOW KNOWN AS NEWPORT HARBOR) The developer of this
addition, located on the east side of FM1378 , above the
Birmingham tract, is requesting this change from duplex to
SF3 . The area under consideration is outlined in bold on
page 7 of your packet. There has been a trend by developers
recently in this direction, since duplex lots don' t seem to
be very popular at this time. The required public notices
have been published and the required letters were mailed to
property owners within 200 feet of the property under
consideration.
ITEM NO. 3 - PRELIMINARY PLAT FOR NEWPORT HARBOR - This
addition was previously known as Crescent Cove. The joint
venture partnership has split and the north section is being
resubmitted after the preliminary time limit expired. Basic
water and sewer service, as well as drainage will not
change. The plat , as presented to you by the developer,
Baron Cook, reflects the name change and the rezoning , if
granted. The engineering department has reviewed this
resubmitted plat and recommends approval .
ITEM NO. 4 - PRELIMINARY/FINAL PLAT/CONSTRUCTION PLANS FOR
QUAIL HOLLOW, PHASE II - Quail Hollow Phase II is being
submitted to you as Preliminary Plat and Final
Plat/Construction Plans as a sequence in order for the
school to be able to draw a building permit as soon as
possible for the new elementary school to be built on the
land designated for that purpose and included in this
addition. A copy of the contractual agreement between the
school and the developer is included in your packet on pages
10-16 . The engineering department has reviewed these plats
and plans and recommend your approval .
ITEM NO. 5 - AMENDMENT TO ZONING ORDINANCE ON REAR YARD SET-
BACKS FOR SF3 - This item is presented to you by request of
Albritton Development Company, acting for Astor Development
Co. They are asking for your recommendation to the Council
to change the rear yard setback from twenty-five (25) feet
to twenty (20) feet. If you agree with this request, an
amendment to the zoning ordinance will be prepared and
presented to the Council with your recommendation.
44re iirin9 J/7
AGENDA 71;ur iIJTFD ,4i5,0,1*
REGULAR MEETING ,
PLANNING & ZONING COMMISSION
CITY OF WYLIE, TEXAS
THURSDAY, FEBRUARY 5, 1987
7:00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1-5 Consider approval of minutes.
2 6-7 Consider recommendation to City
Council for rezoning of duplex
tract of Crescent Cove to SF3 .
3 8 Consider recommendation to City
Council on approval of preliminary
plat for Newport Harbor, previously
known as Crescent Cove.
4 9-16 Consider recommendation to City
Council on approval of preliminary
plat and construction plans/final
plat for Quail Hollow, Phase II .
5 17-18 Consider recommendation to City
Council on request to amend Section
11 .3 .c of the Zoning Ordinance,
changing the rear yard set-back
requirement from twenty-five (25)
feet to twenty (20) feet.
6 ADJOURN
MINUTES
PLANNING & ZONING COMMISSION
CALLED MEETING
THURSDAY, JANUARY 22, 1987
The Planning and Zoning Commission for the City of Wylie,
Texas met in a called Meeting on January 22, 1987 in the
Community Room at 80U Thomas Street. A quorum was present,
notice of the meeting had been posted for the time and in
the manner required by law. Those present were: Vice-
Chairman Brian Chaney, Ben Scholz, Fred Ouellette. R. P.
Miller, Jay Davis and Bill Chapman arrived late. Ken Mauk
was absent. Representing the city staff was Gus H. Pappas,
City Manager; Roy Faires, Code Enforcement Officer and
Amanda Maples, Secretary.
The meeting was called to order at 7: 00 p . m. by Vice-
Chairman Brian Chaney.
ITEM NO. 1 - APPROVAL OF THE MINUTES OF JANUARY 8, 1987 -
Changes were made in Item no. 2, Section 2. 5, should read
as follows: Exemptions: Nationally recognized social or
faternal organizations, as defined by the Texas Alcoholic
Beverage Commission, are exempt from the acreage and food
sales provisions of this section. Also in Item no. 5,
paragraph 2, "acquired cheap" was misspelled.
ITEM NO. 2 - AMENDMENT TO SUBDIVISION ORDINANCE ON MAXIMUM
SLOPE PROVISION AND RETAINING WALLS - Mr. Pappas stated that
he had done some research with surrounding cities
concerning this ordinance and found that while there are
different ways to measure the slope, and 11% slope is not
excessive. As a general comment the staff believes that 11%
is a good measurement. However, if the Planning and Zoning
Commission wanted to give any credibility to sod, the staff
feels that it should be full sod, not hydromulch and that
the degrees should not vary more than 57. or less. He stated
that if Planning and Zoning wishes to amend this ordinance
they might require that tiebacks be used on retaining walls
and they could give some consideration to terracing the
lawn.
Vice-Chairman Brian Chaney stated, for the information of
the new Planning and Zoning Members, that this item came
before the board on January 8, 1987. The City requires
retaining walls to be used where the slope of a yard is more
than 11%. Mr. Bledsaw is a builder who feels that a
retaining wall is not the only answer to errosion. He feels
that if a slope is not too definate, fully soding the front
and side yard would be sufficent to prevent errosion. At
the January meeting Mr. Santry our City Engineer had some
calculations for us confirming the use of retaining walls
where the slope is greater than 11%. Mr. Bledsaw will have
some percentage requirements from FHA for us to review
tonight.
Mr. Faires stated that he had spoken with Mr. Santry earlier
in the day and he felt that an 11% slope with sod would be
lenient and that terracing would require retaining walls
between each terrace.
Mr. Bledsaw of 808 Autumn Hill , Wylie, Texas, said that the
FHA requirements were a maximum fall of b inches for the
first 4 feet and after that point the fall could be as much
as 45 percent. FHA recommends that ground cover be used for
lawns and sod for embankments they do not recommend
retaining_ walls. Mr. Bledsaw also said that in his opinion
a fully sodded yard would hold, he felt that a retaining
wall for an 11 slope was too drastic. Mr. Bledsaw felt
that the percentages should be 9 to 10 percent for a nude
yard. 10 to 25 percent for a fully sodded yard and over 25
percent should require a retaining wall also, the
measurement should be taken from the slab to the sidewalk.
Vice-Chairman Brian Chaney asked Mr. Faires if the City
would require a homeowner to repair a retaining wall if it
became broken down.
Mr. Faires stated that the ordinance required a retaining
wall and yes, the City would make them repair it.
Vice-Chairman Brian Chaney was concerned because while the
City could enforce a retaining wall , he was not sure how
effective the City could be at enforcing that a sod yard be
kept. He said that if someone allowed the yard or part of
the yard to die then how would we make them resod the yard
and at what point would we enforce that.
Mr. Blewsaw said that FHA stands on the idea that unless a
retaining wall is properly constructed, with the force of
the water and soil pushing against it, it will not hold and
if a slope is so drastic that it must have a retaining wall
one should be made of concrete or masonry construction.
Fred Ouellette stated that the ordinance should be defined
more clearly and that if full sod would protect up to a 15%
slope then that should be put into the ordinance. The
ordinance should specify that full tiebacks be used on
retaining walls every so many feet apart. He said that if a
sod yard started to errod later then the City could say that
they were not in compliance and require them to build a
retaining wall at that point.
Ben Scholz stated that sod yards should be taken care of at
the level of the deed restrictions.
Fred Ouellette said that he would like to see more study
done on this ordinance to see if we could give more lead way
to the builder.
Vice-Chairman Brian Chaney asked if the Engineering
Department would have any additional information for us
concerning this matter.
Mr. Faires said that he had spoken with Mr. Santry earlier
and he said that a 4% slope was too drastic for a nude lawn
and 11% slope was too lienant for sod. Mr. Santry also said
that he had requested other materials which have not arrived
yet.
Fred Ouellette made a motion to table this item until
further information could be obtained from I . W. Santry, Jr. .
F . E. , City Engineer. R. F. Miller seconded the motion.
Motion carried 3-2.
ITEM NO. 3 _ ADJOURN INTO JOINT SESSION - The Regular
Meeting of the Planning and Zoning Commission was adjourned
in order to convene into a joint session with the Parks and
Recreation Board.
ITEM NO. 4 _ CONVENE JOINT SESSION WITH PARKS AND RECREATION
BOARD - The Planning and Zoning Commission met in a joint
session with the Parks and Recreation Board Members with the
exception of Chairman Derek Ammerman, John Morgan and Willie
Benitez.
Mr. Pappas stated that the Parks and Recreation Board has
been working to develop a Park Master Plan in order to
desiqnate certain areas of the City as current and future
park sites. This would be considered the current Master
Plan and they are workinq on a future Master Plan which will
be ready in another month.
The Parks Board makes their recommendation directly to the
City Council . The City Council relies on both the Planning
and Zoninq Commission and the Parks and Recreation Board for
recommendations on how the City should develop. You may
recommend this plan to the City Council so that they may
Adopt it and it can be placed over our Land Use Plan Map.
In this way developers will know where parks are planned for
in our City. However, the Parks Board does feel that this
plan is amendable.
Fred Ouellette asked where the park zones are.
Mr. Pappas said that the park zones were not mentioned on
this map but they had discussed useing the Lift Station
Districts as the Park Zones. If you would pass this plan
you could make it apply to the Lift Station Districts.
ITEM NO. 5 - RECOMMENDATION TO CITY COUNCIL ON PARKS
DEDICATION ORDINANCE - Mr. Faires wanted to reafirm that
this ordinance has been tested through the Supreme Court in
November of 1984 and it was upheld in favor of College
Station.
Ben Scholz was unclear on Section 1a pertaining to the
remodeling of structures on existin9 residential property,
he wanted to know how it applied to an individual home.
Mr. Pappas stated that the City Council , under the Homerule
Charter, has decided that recreational areas are important
and developers should provide them whether they are
developing new subdivisions or tearing down old subdivisions
and rebuilding them. An individual house would not qualify.
However, if you bought blocks of old homes and tore them
down and subdivided the lots, that would apply.
Vice-Chairman Brian Chaney was not clear on Section 4
pertaininq to parks being located on 50 acre tracts of land.
Mr. Faires stated that because of the size of major parks,
they should be taken out of large tracts of land so that the
developer would have a better opportunity to recover,
financially from the dedication of the land.
R. P. Miller was unclear as to how proper access would be
obtained to the parks.
��
Mr. Pappas stated that this ordinance establishes a rule
which says that no longer can a developer develop a
subdivision with the maximum number of lots and have no
consideration for parks, he must do something. The specific
location of the park will be delt with by each of the boards
coming as near as possible to the Master Plan. Then in
reviewing the plat you will see the park. At this time you
will look at whether the park is in the right place and if
the access and utilities are adequate to the park.
This ordinance will not be popular with the developers and
you may have to wait a considerable amount of time in the
future before you are appreciated for your effort. It is
unfortunate that we have to come to this but it is
unrealistic to think that the City of Wylie will have good
parks in the future without it.
Curtis Hale asked if this ordinance would discourage
development in Wylie.
Vice-Chairman Brian Chaney said that he had visited with
some developers that have built in Austin. Their comments
were about how restrictive Austin is. They tell the
developer how many trees to put in and even what kind, this
ordinance is not nearly as restrictive as that and Austin is
growing all the time.
Mr. Pappas stated that some developers will scream about
this ordinance but Austin is an example of a city that is
getting better looking because of development and because of
that beauty it is now a hot spot to build.
Mr. Faires predicted that within one year at least five
cities would call Wylie wanting a copy of this ordinance.
Jay Davis asked if a charge of $225. 00 will be enough to
cover the cost of building these parks.
Mr. Pappas said No, but it will greatly reduce the cost of
bond issues.
Fred Ouellette stated that the Parks and Recreation Board
should be added to Section 4 and that "This which are to
supoortive of these parks. " be removed from this section.
Ben Scholz made a motion to accept the ordinance with the
above stated corrections. Bill Chapman seconded the motion.
Motion carried 6-0.
The Parks and Recreation Board also approved this ordinance,
see Parks and Recreation Minutes of January 22, 1987.
ITEM NO. 6 - RECOMMENDATION TO CITY COUNCIL ON ADOPTION OF
PARKS MASTER PLAN - Bill Chapman made the motion to accept
the Parks Master Plan and to use the Lift Station Districts
as the Park Zones. Jay Davis seconded the motion. Motion
carried 6-0.
The Parks and Recreation Board accepted the adoption of the
Parks Master Plan at a previous meeting.
Vice-Chairman Brian Chaney asked Mr. Pappas to schedule a
workshop for the City Council and the Planning and Zoning
Commission because there are new members on both boards and
he felt the need for them to get to know each other and
discuss the general development of the City.
ITEM NO. 7 - ADJOURN - Ben Scholz made a motion to adjourn
the Planning and Zoning Meeting of January 22, 1987. Bill
Chapman seconded the motion. Motion carried 6-0.
Brian Chaney, Vice-Chairman
Planning & Zoning Commission
Respectfully Submitted:
- ZZL_
Amanda Maples, Secretary
APPLICATION
TO
Board of Adjustment and Appeals (Building) ORDINANCE 83-15
- Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
Planning and Zoning Commission ORDINANCE 81-5 '
NAME • I AL*. E. • k.
ADDRESS
b 0 la LaA p Ti<A -r b s F s
SUBDIVISION C itESO'„4— 60 ✓'G
BASIS OF APPLICATION:
Interpretation
Ii Special exception for use or development
QVariance
11 Rezoning
Exception to Building Code
EXPLANATION:
7'z 'F3
SIGNITURE of APPLICANT AAjain I 1
DATE /- /`!-S7
Oa
Must be accompanied by filing fee of $ A I
Received: '
Date: I- )M ` y7
CODE ENFORC NT OFFICER
6.50.5B ACRES PRESENTLY YIZQN A. �av�o
elTic"" TO BE ZONED "SF-3" a. 74.01'8e"
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MEMORANDUM•
DATE: Ck3Ata4A y 26, 0167
TO: Gus H. Pappas, City Manager
FROM: I.W. Santry, Jr. , P.E. , City Engineer 1-
SUBJECT: Plat and/or Plans Approval
IVArwpc r /y44 Bok
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
)(Preliminary Plat to Planning and Zoning
❑ Preliminary Plat to City Council
❑ Final Plat to Planning and Zoning
❑ Final Plat to City Council
❑ Construction Plans to City Council for
construction approval only
❑ Final Plat to City Council for subdivision
acceptance along with final 'inspection statement
COMMENTS: 7-Apt Iabo.ndI L4/As piFv,ausi„ . le.1/44.0 .v
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cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
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MEMORANDUM•
DATE: . ej n.' Z) II9-7
TO: Gus H. Papp , City Manager
FROM: I .W. Santry. r. , F. E. . City Manager
SUBJECT: Flat and/or Plans Approval
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
Preliminary Plat to Planning and Zoning
Li Preliminary Plat to City Council
Final Plat to Planning and Zoning
❑ Final Flat to City Council
0 Construction Plans to City Council for construction
approval only
❑ Final Plat to City Council for subdivision acceptance
along with final inspection statement
COMMENTS: t1io '4- MC L dt' t3,ssE
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Chronological File
9
CONTRACT OF SALE
(NON-RESIDENTIAL)
THE STATE OF TEXAS $
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN $
That, MW PROPERTIES (hereinafter called "Seller, " whether
one or more) hereby sells and agrees to convey to WYLIE
INDEPENDENT SCHOOL DISTRICT (hereinafter called "Purchaser, "
whether one or more) and Purchaser hereby buys and agrees to pay
for the following described ' real estate situated in Collin
County, Texas, to-wit:
10. 154 acres in Francisco de la Pina Survey, Abstract
No. 688, City of Wylie, Collin County, Texas, more
particularly described in Exhibit A attached hereto and
made a part hereof
together with,- all and singular, all improvements thereon and all
rights and appurtenances pertaining thereto, including any right,
title and interest of Seller in and to adjacent streets, alleys,
or right-of-way, such real estate, improvements, rights and
appurtenances being herein referred to as the "Property. " This
Contract and the Property also covers and includes all fixtures
and articles of personal property attached to said real estate
and owned by Seller, such as air conditioning and heating
equipment.
This Contract is executed upon the following terms and
conditions:
1. Purchase Price. The purchase price for the Property
is $11, 680. 00 per acre plus interest carry of $3 . 19 per day per
acre from April 28, 1986, to closing. Purchase Price shall be
paid all in cash at closing.
2 . Earnest Money. Upon full and final execution of this
Contract, Purchaser shall deliver the sum of $5, 000. 00 to WYLIE
TITLE COMPANY, herein called "Title Company" to be held by
aforementioned as Earnest Money (herein so called) pursuant to
the -terms of this Contract.
3 . Survey and Title Binder.
A. Within twenty (20) days after the date of this
Contract, Seller shall, at Purchaser's expense, deliver or cause
to be delivered to Purchaser a copy of a current on-the-ground
survey ("Survey") of the Property made by a duly licensed
surveyor reasonably acceptable to the Purchaser. The Survey
shall be in a form acceptable to the Title Company. The Survey
shall show the location of all improvements on the Property, if
any. If this Contract does not close through no fault of Seller,
in addition to the other rights of Seller hereunder, Purchaser
shall pay for the Survey.
B. Within twenty (20) days after the date of this
Contract, Seller shall, at Purchaser's expense, deliver or cause
to be delivered to Purchaser:
(1) A title commitment ("Title Binder") covering the
Property binding the Title Company to issue a Texas
Owner's Policy of Title Insurance on the' standard form
of policy prescribed by the Texas State Board of
Insurance at the Closing in the full amount of the
purchase price, and
(2) True, correct, and legible copies of any and all
instruments referred to in the Title Binder as
constituting exceptions or restrictions upon the title
of Seller, except that copies of any liens which are
to be released at the closing may be omitted.
4 . Approval Period and Title.
A. Purchaser shall have twenty (20) days after the
receipt of the Survey and Title Binder to review them and to
deliver in writing to Seller such objections as Purchaser may
have to anything contained to them. Any such item to which
Purchaser shall not object or to which Purchaser objects, but
thereafter waives by failure to terminate this Contract
within five (5) business days following notice by Seller that
it is unwilling or unable to satisfy such objections shall be
deemed a "Permitted Exception. " If there are objections by
•
/p
Seller may in good faith attempt to satisfy them
'
Purchaser,
prior to closing, but Seller shall not be required to incur any
cost to do so. If Seller delivers written notice to
Purchaser on or before the closing date that Seller is
unable or unwilling to satisfy such objections, or if, for any
reason, Seller is unable to convey title in accordance with
Section 7 (B) below, Purchaser may either waive such objections
and accept such title as Seller is able to convey or terminate
this Contract by written notice to Seller; Zoning ordinances and
the lien for current taxes shall be deemed to be
Permitted Exceptions.
B. Seller represents and warrants to Purchaser that
at the closing Seller will have and will convey to Purchaser good
and indefeasible title to the Property free and clear of any and
all encumbrances except the Permitted Exceptions. Delivery of
the Title Policy pursuant to Section 7 below shall be deemed to
fulfill all duties of Seller as to the sufficiency of title
required hereunder; provided however, Seller shall not thereby be
released from the warranties of Seller's Deed.
5. Inspection. Purchaser acknowledges that Purchaser has
inspected all buildings and improvements situated on the Property
and is thoroughly familiar with their condition, and Purchaser
hereby accepts the Property and the buildings and improvements
situated thereon, in their present condition, with such changes
therein as may hereafter be caused by reasonable deterioration.
6. Casualty Loss. All risk of loss to the Property shall
remain upon Seller prior to the closing. If prior to the closing
the Property shall be damaged or destroyed by fire or other
casualty, to a material extent, Purchaser may either terminate
this Contract by written notice to Seller or close. If Purchaser
elects to close, despite said material damage or destruction,
there shall be no reduction in the purchase price, and Seller
shall assign to Purchaser Seller's right, title and interest in
and to all insurance proceeds resulting or to result from said
damage or destruction. Unless otherwise provided herein, the
term "material", shall mean damage or destruction, the cost of
repairing which exceeds ten (10%) percent of the purchase price.
In the event of less than material damage or destruction to the
Property prior to the closing, Seller shall either repair the
same prior to the closing, at Seller's expense, or reimburse
Purchaser for the cost of repairing the same by assigning any
insurance proceeds resulting therefrom to Purchaser and/or by
allowing Purchaser to deduct such cost from the cash payable to
Seller at the closing. If the extent of damage or the amount of
insurance proceeds to be made available is not able to be
determined prior to the closing date specified in Section 7
below, or the repairs are not able to be completed prior to said
date, either party, by written notice to the other, may postpone
the date of the closing to such date as shall be designated in
such notice, but not more than thirty (30) days after the closing
date specified in Section 7 below.
7 . Closing.
A. The closing of this Contract shall be held on or
before September 1, 1986, at the offices of the Title Company at
its address stated below.
B. At the closing,Seller shall deliver to Purchaser:
(i) a Special Warranty Deed (with Vendor's Lien retained if not a
cash purchase) conveying the Property according to the legal
description prepared by the surveyor as shown on the survey of
the Property, subject only to the Permitted Exceptions; (ii) a
Title Policy issued by the underwriter for the Title Company
pursuant to the Title Binder with the survey exception deleted
(except as to shortages in area) subject only to the Permitted
Exceptions; and (iii) possession of the Property.
C. At the closing, Purchaser shall deliver to Seller
(i) the cash portion of the purchase price (the Earnest Money
being applied thereto) and (ii) the Note and the Deed of Trust,
if any.
2
//
D. All closing cost including, without limitation,
the cost of the Title Policy, Survey, Recording and Escrow
Closing Costs and Seller's reasonable attorney's fees, shall be
paid by Purchaser except taxes and any fees required by Seller's
Lender.
E. All taxes imposed because of a change of use of
the Property shall be assessed to Purchaser. Purchaser shall
take the Property subject to 1986 ad valorem taxes which shall
not be prorated, but shall be the sole responsibility of
Purchaser.
F. If the Property is situated within a utility
district subject to the provisions of Section 50. 301, Texas Water
Code, then at or prior to the closing, Seller agrees to *give
Purchaser the written notice required by said Section and
Purchaser agrees to sign and acknowledge the notice to evidence
receipt thereof.
8 . Termination. If this Contract is terminated by
Purchaser in accordance with Section 4 and/or 6 above, the
Earnest Money shall be promptly refunded to Purchaser, and the
parties shall have no further obligation or liabilities one to
the other.
9. Default. If Seller shall fail to consummate this
Contract for any reason, except Purchaser's default, Purchaser
may enforce specific performance of this Contract as its sole and
exclusive remedy. If Purchaser shall fail to consummate this
Contract for any reason, except Seller's default or the
termination of this Contract pursuant to a right to terminate
. given herein, Seller shall have the right to have the Earnest
Money paid to Seller as liquidated damages for the breach of this
Contract, or Seller may bring suit for damages against Purchaser
or enforce specific performance of this Contract.
10. Miscellaneous Provisions.
A. Date of Contract.The term "date of this Contract"
as used herein shall mean the later of the two dates on which
this Contract is signed by Seller or Purchaser, as indicated by
their signatures . below, which later date shall be the date of
final execution and agreement by the parties hereto.
B. Notices. Any notice or communication required or
permitted hereunder shall be deemed *to be delivered, whether
actually received or not, when deposited in the United States
mail, postage fully prepaid, registered or certified mail,
addressed to the intended recipient at the address on the
signature page of this Contract. Any address for notice may
changed by written notice so given.
C. Forms. In case of a dispute as to the form of any
document required hereunder, the current form prepared by the.
State Bar of Texas shall be conclusively deemed reasonable.
D. Attorneys' Fees.If either party shall be required
to employ an attorney to enforce or defend the rights of such
party hereunder, the prevailing party shall be entitled to
recover reasonable attorney's fees.
E. Contract contains the complete agreement between ---
the parties and cannot be varied except by the written agreement
of the parties. The parties agree that there are no oral
agreements, understandings, representations or warranties which
are not expressly set forth herein.
F. Survival. Any portion of this Contract not
otherwise consummated at the Closing will survive the closing of
this transaction as a continuing agreement by and between the
parties.
• G. Binding Effect. This Contract shall inure to the
benefit of and bind the parties hereto and their respective
heirs, representatives, successors and assigns.
11. Contract as Offer. The execution of this Contract by
the Seller constitutes an offer to sell the Property. Unless
executed by the Purchasers by August 1, 1986, the offer of this
Contract shall be automatically revoked and terminated, and the
earnest money, if any, shall be returned to Purchaser.
12. Contract Approval.This contract is subject to approval
by the Seller's Lender.
13. The Seller acknowledges the existence of a verbal
agricultural lease on the Property, and Seller agrees to
terminate said lease prior to the time Buyer takes possession.
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5 °)
.1:1(7't X t1A 3
x
which o school site on the west. Purchasers
ts
Uresponsibility shall be one streets which hoshell r its property with the exception of Springwoo �,
Sollro r&pon3ibility. �`
1 _ 14. All terms of this contract shall survive closing.
� �� 15. Contingent. This contract shall be contingent upon the
delivery
� er of funds from the sale of bonds by the Purchaser on June
M18, 1986. If said funds have not been delivered by Purchaser by
1, 1 the closing date, said Purchaser shall be entitled to two (2)
o\ thirty (30) day extensions of this contract. If said funds are
not delivered to Purchaser within the herein given closing date
oh extension s h contract,
at discretion of Pe
to
shall become null and void and of no further effect. Seller
retain earnest money as his sole damages.
EXECUTED -on the dates stated below.
See Addendum I attached reto and incorporated herein for
all purposes. g LLER:
/ PROP R ES
V ' ' •
By: DAVID R. WILLIAMS
Partner
vie 2329 Coit Road
Plano T xas 75075
7Ze gv
Date of Execution
• PURCHASER:
ATTE T:
WYLIE INDEPENDENT CHOOL DISTRICT
le _ . iiihf//,' ataAA
/PETE TALLANT, Secretary By: ALAN LEVERETT
President/Board of Directors
1001 South Ballard
Wylie, Texas 75098
1 3/ 86-
Date o Ex cution
•
Earnest Money receive rom 469: /le,duLeZ
this ,3/ Si- day of
, 19
0i/iiie-t TITLE COMPANY
WYLIE TL • C MPANY
By: �__
310 Highway 78
DBM-401 Wylie, Texas 75098
4
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EXIIIBIT A
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BEING a 10. 154 acre tract of land located in tl►e Francisco de la Pins Survey
Abstract No. 688, City of Wylie, Collin County, Texas, and being a portion of
that certain Tract I described in deed to the Hassle Hunt Trust recorded in
Volume 907, Page 126, of the Deed Records of Collin County, Texas; said 10. 154
acre tract of land being more partic►►larly described 'as follows;
BEGINNING at a 1/2 inch iron rod set In the north line of tl►e !lassie Hunt Trust
tract , said. iron rod bei►►g South 88 degrees 24 minutes 41 seconds East, a
distance of 594. 19 feet from a 1/2 inch iron rod found for the northeast corner
of Quail Hollow Estates Phase I , an addition to tl►e City of Wylie as shown on
plat recorded in Cabinet F, Slide 573 of the Hnp Records of Collin County;
Texas; said POINT OF BEGINNING being in the south line of Rush Creek Estates
Phase I , an addition to the City of Wylie as shown on plat recorded in Cabinet
C, Slide 494 of the Map Records of Collin County, Texas;
• THENCE South 88 .degrees 24 minutes 41 seconds East along the Hassle Hunt Trust
• north line, the same being the Rush Creek Estates Phase I south line, a
distance of 856.72 feet to a fence post in concrete found for the northeast
corner of the !lassie Hunt Trust tract, tl►e same being the northwest re—entrant
corner of Stone Grove Phase I , an addition to the City of Wylie, Texas,
unrecorded as of this date, prepared by Cummings b l'rewitt, Inc. ;
THENCE South 2 degrees 44 minutes 21 seconds West along a westerly boundary of
Stone Grove Phase I "a distance of 519.76 feet to a 1/2 inch iron rod set for
corner;
•
THENCE North 88 degrees 22 minutes 00 seconds West , a distance of 846.69 feet
to a 1/2 inch iron rod get for corner;
THENCE North 1 degree 38 minutes 00 seconds East a distance of 519.00 feet to
the POINT OF BEGINNING, and containing 10. 154 acres or 442,320 square feet of
land, more or less.
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EXHIBIT "B"
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ADDENDUM I
TO
CONTRACT OF SALE
(NON-RESIDENTIAL)
By and Between
M. W. PROPERTIES, as Seller
and
WYLIE INDEPENDENT SCHOOL DISTRICT, as Purchaser
There shall be included in the Special Warranty Deed to be
delivered to Purchaser by Seller a restriction against any use
of the Property for Purposes other than as a public school
facility, together with a covenant to complete and place in use
on the Property within four (4) years subsequent to the date
thereof a public elementary school of the Wylie Independent
School District. The deed shall further contain a right to
repurchase the Property by Seller if such covenant is breached.
In the event such right to repurchase is exercised, Purchaser
shall reconvey the Property to Seller for the purchase price
set forth in this Contract of Sale. The Purchaser shall
additionally provide Seller a policy of title insurance
insuring fee simple indefeasible title in Purchaser subject
only to the Permitted Exceptions and other matters reflected in
Seller' s deed to Purchaser and for, taxes for the year of
• closing of such reconveyance.
Seller covenants and agrees that it will construct at its
expense certain streets and utilities providing access to the
Property in time to coincide with the date of opening of the
school for general use. Streets (and appropriate utilities)
that Seller agrees to construct include:
•
(1) the extension of Heatherwood to a yet unnamed
north-south street adjacent to and on the western
boundary of the Property
(2) The unnamed north-south street between Heatherwood
and Springwood Lanes
(3) One-half of the unnamed north-south street
(4 ) All of Springwood Lane joining the Property. (See
Exhibit "B" for Illustration. )
Seller is willing and agreeable to constructing the Purchaser' s
one-half of the unnamed north-south street and one-half of
Eubanks Drive coincidental with its construction contracts and
at Purchaser's expense. Notwithstanding the foregoing, in the
event Seller sells the property owned by Seller prior to the
date of construction, Seller further covenants and agrees to
require the Purchaser thereof to assume the obligations of
Seller contained herein. Upon such transfer and assumption,
Seller shall be relieved of further obligation pursuant hereto.
ADDENDUM I TO CONTRACT OF SALE - Page Solo
/4,
APPLICATION
TO
• Board of Adjustment and Appeals (Building) ORDINANCE 83-15
Q .Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
op Planning and Zoning Commission ORDINANCE 81-5
NAME Albritton Development Co.
ADDRESS 5956 Sherry Lane, Suite 2000,• Dallas, Texas 75225
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LOT - BLOCK .
SUBDIVISION
BASIS OF APPLICATION:
Interpretation .
Special exception for use or development
Fm--m-1
Variance
DRezoning
EjExcePtion to Building Code
•
EXPLANATION: •
To amend the rear building line in the SF-3 zoninj classification .
from 25 feet to 20 feet in the City ofWylie Zoning Ordinance.
•
1r: n4.' peveIoprrletti C p44
% 4I1 r,' pri bevelTrileAl Cw i,
SIGNITURE of APPLICAN �,.�.� + •?
• DATE I/24/87
.
•
• Must be accompanied by filing fee ofS
Received: . .
Date:
• CODE ENFORCEMENT OFFICER •
/7
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ZONING DESCRIPTION
BEING a tract of land situated in the EC. Davidson Survey, Abstract No. 266,
City of Wylie, Collin County. Texas, being part of Westgate, Phase I, an addition
to the City of Wylie. as recorded in Cabinet F, Pages 793 and 794, of the Collin
County Plat Records,and being more particularly described as follows:
BEGINNING at a point in the south right-of-ray line of FM 3412 (90' width), said
point being both the northwest corner..of 288.879 acre tract of land conveyed _ by
deed to N.C. Juries in Volume 1703. Page 784 of the Deed Records of Collin
County, Texas, and approocfmdely 40' south of the northeast -comer of said
Davidson sway; •
THENCE South 00° 58' 50' West along the west ine of said Jeffries tract a
distance of 310.87 feet to a point for corner;
THENCE South 70°54'27'West a distance of 316.37 feet to a point for comer;
THENCE North 19° 05' 33' West a distance of 20.00 feet to a point on a curve to
the left having a central angle of 71° 02' 16' and a radial bearing and distance of
South 70°55'50'Wed 214.25 feet
THENCE along said char curve to the left an arc distance of 265.63 feet and a
chord bearing and distance of North 54° 35' 18' West 248.95 feet to the point of
tangency;
THENCE South 89°59'34'West a distance of 180.00 feet to a point for corner;
THENCE North 00° 00' 26' West a distance of 25121 feet to a point in the south
right-of-way line of aforementioned FM 3412;
THENCE North 89° 59' 34' East along said south right-of-way line a distance of
294.45 feet to the northwest corner of a tract of land described as an exception
to a tract of land conveyed by deed to Sal Del Rey Properties, Inc., as recorded
in Volume 1683,Page 451,Deed Records of Collin County,Texas;
THENCE E the following bearings and distances along said exception tract to points
for comer:
South 00°22'55'East.281.93 feet
North 88°48'59'East.169 96 feet
North 00°04'18'West,13096 feet
North 52°13'55'East.14.84 feet
North 00°14'06'West,118.29 feet to the south right-of-way
d aforementioned FM3412;
THENCE North 89° 59' 34' East along said south right-of-way line a distance of
218.55 fed to the POINT OF BEGINNING and CONTAINING 0.5915 acres or 25.764
square feet of land.
i ,