Ordinance 2020-43ORDINANCE NO. 2020-43
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 2020-06, FROM SINGLE FAMILY 10 - DISTRICT
(SF-10/24) TO PLANNED DEVELOPMENT (PD), TO
ALLOW FOR A MIXED USE TOWNHOME COMMUNITY;
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 Planned Development (PD), said
property being described in Exhibit A (Legal Description), hereto and made a part hereof for all
purposes.
SECTION 2: That Planned Development Conditions and Zoning Exhibit are an integral
component of the development of the property and are attached as Exhibits B and C respectively.
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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict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.
Ordinance No. 2020-43 Change The Zoning On The Hereinafter Described Property, Zoning Case Number 2020-06,
From Single Family 10 - District (SF-10/24) To Planned Development (PD), To Allow For A Mixed Use Townhome
Community
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.
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, this 25th day of August 2020.
Eric Hogue, May
ATTEST:
ikt19 ��,o iV Q S� UtAL
Stephanie Storm, City Secretar
DATE OF PUBLICATION: September
Ordinance No. 2020-43 Change The Zoning On The Hereinafter Described Property, Zoning Case Number 2020-06,
From Single Family 10 - District (SF-10/24) To Planned Development (PD), To Allow For A Mixed Use Townhome
Community
EXHIBIT A
Description
BEGINNING at a 1/2 inch iron rod found at the Southwest corner of the Sanden Boulevard Church Addition, an
Addition to the City of Wylie, Collin County, Texas, according to the map recorded in Volume 2013, Page 352,
Map Records, Collin County, Texas, said point being on the East right-of-way line of Sanden Boulevard (variable
width right-of-way);
THENCE South 88 degrees 23 minutes 58 seconds East, along the South right-of-way line of said Sanden
Boulevard Church Addition, passing at a distance of 643.75 feet, a 1/2 inch iron rod, and having a total distance
of 645.97 feet to a point for corner on the West line of Lot 1, Block A of Birmingham Farms, Phase 10, an Addition
to the City of Wylie, Collin County, Texas, according to the map recorded in Volume 2014, Page 348, Map
Records, Collin County, Texas;
THENCE South 01 degrees 18 minutes 10 seconds West, along said West line of Lot 1, Block A, passing at a
distance of 383.58 feet, a 1/2 inch iron rod found at the Southwest corner of said Lot 1, Block A, and having a
total distance of 403.59 feet to a point for corner on the North right-of-way line of West Brown Street (variable
width right-of-way);
THENCE North 88 degrees 39 minutes 30 seconds West, along said North right-of-way line of West Brown Street,
a distance of 732.35 feet to a point for corner at the intersection of said North right-of-way line of Brown Street
and the aforementioned East right-of-way line of Sanden Boulevard;
THENCE North 01 degrees 27 minutes 43 seconds East, along said East right-of-way line of Sanden Boulevard, a
distance of 9.23 feet to a point for corner at the beginning of a curve to the right with a radius of 969.00 feet, a
delta of 24 degrees 12 minutes 57 seconds, and a chord bearing and distance of North 13 degrees 34 minutes 11
seconds East, 406.50 feet;
THENCE Northerly along said East right-of-way line of Sanden Boulevard and curve to the left, an arc length of
409.54 feet to the POINT OF BEGINNING and containing 285,453 square feet or 6.55 acres of land.
EXHIBIT B
Browngate Pointe
Planned Development Standards
(ZONING CASE 2020-06)
Purpose:
The intent of this planned development district is to allow for a gated townhome
neighborhood with commercial uses that provides affordable housing for the
community of Wylie.
II. GENERAL CONDITIONS:
a. This Planned Development shall not affect any regulations within the 2019
Zoning Ordinances except as provided herein.
b. The residential and commercial tracts (identified as Tract 2 Lots 1-39 and Tract 1
Lot 1, respectively on the Zoning Exhibit) shall be required to be developed
concurrently with the following guidelines:
1. No residential townhome units shall receive a final inspection/Certificate
of Occupancy prior to an approval final foundation inspection by the City
of Wylie of the commercial development.
2. No more than 50% of the townhome units shall receive a final
inspection/Certificate of Occupancy prior to an approved final framing
inspection by the City of Wylie of the commercial development.
3. No more than 85% of the townhome units shall receive a final
inspection/Certificate of Occupancy prior to an approved Shell building
Certificate of Completion by the City of Wylie of the commercial
development.
c. All regulations of the Townhome District (TH) set forth in Article 3, Section 3.3 of
the Comprehensive Zoning Ordinance (adopted as of 2019) are hereby replaced
with the following:
Figure B.1— Townhome (TH)
Townhome Subdistrict
Lot Size ,
Minimum Lot Area (sq. ft.)
2,950
Minimum End Lot Area (sq.ft.)
3,450
Minimum Lot Width (ft.)
35
Minimum Lot Width of End Lot (ft.)
40
Minimum Lot Depth (ft.)
84.5
Minimum Lot Depth Double Front Lot (ft.)
N/A
Dwelling Regulations
Minimum Square Footage
1400
Design Standards Level of Achievement
Yard Requirements — Main Structures
Minimum Front Yard Setback (ft.)
20
Minimum Side Yard Setback (ft.)
0 for interior, 0 and 5 for Exterior
Minimum Side Yard for Corner Lots (ft.)
15
Minimum Rear Yard Setback (ft.)
25
Minimum Rear Yard Double Front Lots (ft.)
N/A
Maximum Lot Coverage
60%
Height of Structures
Main Structure (ft.)
40
II. SPECIAL CONDITIONS
1. Maximum number of Townhome residential lots not to exceed 40 lots
2. A tree survey shall not be required and no trees on the property are
classified as protected within the tree preservation section 7.6 of the
Zoning Ordinance.
3. H.O.A. shall be established to maintain exterior screening wall, private
street(s) and other community features.
4. Average lot size shall be a minimum of 3,180 square feet. Lot sizes shall
range from a minimum of 2,950 to a maximum of 4,000.
5. The streets, though private, shall conform to all aspects of the City of
Wylie Design Standards in place at the time of construction.
6. Garages shall be a minimum of 400 square feet
7. Parkland will not be dedicated. Fees in lieu of dedication based on
current parkland fees at the time of Planned Development adoption
8. The entirety of the sidewalk along Sanden Blvd shall be rebuilt to match
the current City standard of 5' width meandering.
9. Landscape shall be provided around any detention area in order to screen
said area from view of a public right of way. The living screen shall consist
of bushes, shrubs, trees, or other mutually agreed upon flora, at a
minimum of 18" at planting. The HOA shall be responsible for the
maintenance of the screening.
III. RESIDENTIAL DESIGN STANDARDS
1. Architectural Standards:
a. Building Bulk and Articulation
In order to avoid large blank facades, variations in the elevation of the
residential facades facing the public street shall be provided in both the
vertical and the horizontal dimensions. At least 25% of the facade shall be
offset of 1 foot either protruding from or recessed back from the remainder
of the facade.
b. House Numbers
All Townhome residential units shall have a wall plaque with the resident
address accenting/matching the exterior wall material beside the main entry
of the dwelling unit.
c. Exterior Facade Material
All Townhome residential units shall have exterior building materials as
required by Section 3.4 of the September 2019 City of Wylie Zoning
Ordinance and the executed Development Agreement attached to this
Ordinance.
d. Exterior Facade — Porches
Each Townhome residential unit shall have a combined total covered front or
side entry of 50 square feet of floor area.
e. Exterior Structure — Height
Main Structures shall be a maximum of 40 feet in height.
2. Repetition of Residential Unit Designs
Each building within the Planned Development shall contain either 4 or 5 individually
platted attached residential units. Each lot within a single structure shall have a
different elevation, but each overall building will be similar.
3. Neighborhood Features
a. This neighborhood shall be enclosed with a combination of masonry and
wrought iron fencing.
b. A landscaped buffer of at least 18 feet in width with a berm of at least three
feet in height at a 3:1 slope shall be installed along the Brown Street frontage
of Tract 2 (townhome residential lots as shown on Zoning Exhibit).
c. An automatic sliding gate on each of the two entrances to the proposed
private streets to give a gated community secure environment to the
Townhome residential units. City services including police and fire protection
shall have access to entry for the gates.
IV. COMMERCIAL DESIGN STANDARDS
a. Lot 1 of Tract 1 on the zoning exhibit is planned for an approximately 5,900 square
feet commercial / office use. The design requirements for this portion of the
development shall conform to Article 4 of the 2019 Zoning Ordinance for regulations
of development within the Neighborhood Services District.
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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
BROWNGATE LAND INVESTMENT, LLC 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 Browngate Land
Investment, LLC, a Texas resident ("Developer"). Wylie and Developer are each referred to herein
as a "party" or collectively as the "parties."
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 6.55 acres on "Tract of land Out
of D W Williams Survey, Abstract # 1021 and Charles Atterbury Survey, Abstract # A0022",
generally located at Brown (FM 3412) St, Wylie, Texas 75098, And more particularly described in
Exhibit A, attached hereto and incorporated herein for all purposes ("Townhomes at Browngate
Pointe"); and
WHEREAS, Developer desires to revert the zoning designation of "Townhomes at
Browngate Pointe" and have asked Wylie to rezone the Property to Planned Development Mixed
Use zoning; 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, Wylie hereby designates the Property for its historical, cultural or
architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local
Government Code; and
WHEREAS, the parties agree that they enter into this Agreement pursuant to Section
3000.002(d) of the Texas Local Government Code with the full understanding and intent that
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Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on
the Property as of the Effective Date 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:
1. 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.
2. Land Subject to Agreement. The land that is subject to this Agreement is the Property.
Developer represents and warrant that he is the sole owner of proposed common property
name as of the Effective Date of this Agreement.
3. 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
but not the obligation to enforce this Agreement and the approved deed restrictions,
as they exist or may be amended.
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(c) Wylie designates the Property for its historical, cultural or architectural importance
and significance pursuant to Section 3000.002(d) of the Texas Local 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 terminate this Agreement by providing written notice of termination to
Developer;
(iii) to refuse to accept any portion of any public improvements on the Property
or associated with the development of the Property;
(iv) to refuse to issue building permits for any building on the Property;
(v) to refuse to issue a Certificate of Occupancy for any building on the
Property;
(vi) 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
(vii) 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
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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: chris.holsted@wylietexas.gov
with a copy to:
Abernathy, Roeder, Boyd & Hullett, P.C.
Attention: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
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Telephone: (214) 544-4000
Facsimile: (214) 544-4044
Email: rpittman! abemathy-1aw.com
If to Developer, addressed to Developer at:
Browngate Land Investment, LLC
Attn: Thanga K.Thangavel
2301 Ohio Dr # 243
Plano, TX-75093
9. Indemnity.
(a) EACH 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.
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(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 Regulations;
Developer's Waiver and Release of Claims For Obligations 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 LOCAL 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
Wylie with fair notice of any project of Developer. EACH DEVELOPER WAIVES ANY
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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).
19. Savings; Severability. 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
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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, except as expressly set
forth herein.
22. Assignment/Binding Effect.
(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.
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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 Drafting 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 parties and are not intended to be used in construing this document.
[Signature page follows.]
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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
Chris Hoisted, City Manager
Date: 8 - I l - Z.
Attested t
Stephanie Storm, City Secretary
STATE OF TEXAS
COUNTY OF COLLIN
GIVEN
ME, the undersigned authority, on this day personally appeared Chris Holsted,
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 duly 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 I day of
, 2020.
TINA LINK
NOTARY PUBLIC
STATE OF TEXAS
ID # 13144212-5
My Comm. Expires 02.08-2022
Notary Public, State of Texas
My Commission Expires:
gle
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STATE OF TEXAS
§
COUNTY OF Co
BEFORE ME, the undersigned authority, on
known to me to be one of the persons whose names
acknowledged to me that he executed the same for
and in the capacity therein stated.
Browngate Land Investment, LLC,
a Texas resident
By:
Date:
Kandasamy Thangavel
)409-0
11
(Can RsaeAY TAa,k„1I
this day personally appeared,
are subscribed to the foregoing instrument; he
the purposes and consideration therein stated
IN TNESS WHEREOF, I have hereunto set my hand and seal of office this
of 1'�1 y , 2020.
���``yi<<�il ZACK LOGSDON
2.47:
a Notary Public, State of Texas
'�z. Comm. Expires 04-04.2024
'% fgi►` e� Notary ID 128948530
G/14 day
ary Pub tate of Texas
7
y Cod rr<sion Expires: pi"!�J 2-�Lf
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Exhibit A-1
Legal Description of Townhomes at Browngate Pointe
Being a tract of land situated in the C. Atterbury Survey, Abstract No. 22 and D. Williams
Survey, Abstract No. 1021, City of Wylie, Collin County, Texas said being a part ofatract
ofland conveyed to Birmingham Land, Ltd, by Special Warranty Deed recorded in
Document No. 94-0029675, Deed Records, Collin County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the Southwest comer of the Sanden
Boulevard Church Addition, an Addition to the City of Wylie, Collin County, Texas,
according to the map recorded in Volume 2013, Page 352, Map Records, Collin County,
Texas, said point being on the Eastright-of- way line of Sanden Boulevard (variable
width right-of-way);
THENCE South 88 degrees 23 minutes 58 seconds East, along the South line of said
Sanden Boulevard Church Addition, passing at a distance of 643.75 feet, a 1/2 inch iron
rod, and having a total distance of645.97 feet to a point for comer on the West line of Lot
1, Block A of Birmingham Farms, Phase 10, an Addition to the City of Wylie, Collin
County, Texas, according to the map recorded in Volume 2014, Page 348, Map Records,
Collin County, Texas;
THENCE South 01 degrees 18 minutes 10 seconds West, along said West line of Lot 1,
Block A, passing at a distance of 383.58 feet, a 1/2 inch iron rod found at the Southwest
comer of said Lot 1, Block A, and having a total distance of 403.59 feet to a point for
comer on the North right-of-way line of West Brown Street (variable width right-of-
way);
THENCE North 88 degrees 39 minutes 30 seconds West, along said North right-of-way
line of West Brown Street, a distance of732.35 feet to a point for comer at the intersection
ofsaidNorthright-of- way line of Brown Street and the aforementioned East right-of-way
line of Sanden Boulevard;
THENCE North 01 degrees 27 minutes 43 seconds East, along said East right-of-way line
of Sanden Boulevard, a distance of 9.23 feet to a point for comer at the beginning of a
curve to the right with a radius of969.00 feet, a delta of24 degrees 12 minutes 57 seconds,
and a chord bearing and distance of North 13 degrees 34 minutes I 1 seconds East,
406.50 feet;
THENCE Northerly along said East right-of-way line of Sanden Boulevard and curvet()
the right, an arc length of 409.54 feet to the POINT OF BEGINNING and containing
285,453 square feetor6.55 acres of land.
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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 set forth or referenced in the following:
1. Ordinance No. 2019-23, Zoning Ordinance Section 4.3 (Non -Residential Design
Standards), as it exists or may be amended by Wylie in its sole discretion
2. 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
3. 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
4. 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
5. 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
6. 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
7. Ordinance No. 2017-37, International Plumbing Code and all local amendments thereto, as
it exists or may be amended by Wylie in its sole discretion
8. 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
9. 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
10. Any other existing or future 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
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c&s
media
The 9farmershi0e Tours • Murphy Monitor • The Princeton Herald • 7/cSachse News • THE WYLIE 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 — Ordinance No. 2020-43
was published in said newspaper on the following date(s), to -wit:
September 9, 2020
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 17th day of September, 2020 to certify which
witness my hand and seal of office.
SONIAA DUGGAN
Notary ID #126646343
My Commission Expires (
August 12, 2024
otary Public in and
The State of Texas
My commission expires 08/12/2024.
MurphvfSachce/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 7509S • 972-442-5515 • fax 972-142-318
Famcrsville/Princeton 011ie(' • 101 S. Main • P.O. Box 512 • Farmersoille, TX 75442 • 972-784-6397 • fax 972-782-7023
•
An ordinaiice.,df• the
city of -Wylie, Texas;
amending' 'the' ' com-
prehensive ' zoning
ordinance' of 'the city
of Wylie, as` hereto-
fore .ainended, so as
to-cliange . the Zoning
on the' hereinafter, de=
scribed Propety,- lott-
ing case number 2020-
. 06, from'singlg'family
10 - district' (sf-10/24)
to .planned develop-
ment (pa), to allow fbr
a mixed use tdwnhome
community; providing
for, a' penalty for the
violation of this, ordi-
nance;- providing for
the repeal' of all oidi-
nances in -conflict;, pro-
viding a severability
I clause; 'and providing
- 1 for an effective date.
•
19-1t-35ft
li
:.dig.• nr..k:
yyJ ,•hir,,] '":.rrr 1 ,
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