Ordinance 2020-54ORDINANCE NO.2020-54
' 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 2020-10, FROM AGRICULTURAL DISTRICT (AG/30) TO
PLANNED DEVELOPMENT (PD), AMENDING PLANNED
DEVELOPMENT 2017-31, TO ALLOW FOR SINGLE FAMILY
PLANNED 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 a 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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict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. 2020-54 -Change the Zoning on the Hereinafter Described Property, Zoning Case Number 2020-10,
From Agricultural District (AG/30) to Planned Development (PD)
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 27th day of October, 2020.
Stephanie Storm, City
Hogue,
in the Wylie News
Ordinance No. 2020-54 - Change the Zoning on the Hereinafter Described Property, Zoning Case Number 2020-10,
From Agricultural District (AG/30) to Planned Development (PD)
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CANCEPT PLAN
DOMINION OF
PLEASANTVALLEY
ANNEXTRACT
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EXHIBIT "B"
DOMINION OF PLEASANT VALLEY
PLANNED DEVELOPMENT STANDARDS
Community Framework
Dominion of Pleasant Valley will be a multi -generational community where an emphasis on the
pedestrian experience is balanced with the conveniences of a suburban lifestyle.
A variety of housing types will be provided to meet the needs of a complete life cycle. This will allow
residents to move within the community as change occur in their lives.
In the Dominion of Pleasant Valley community, public and private spaces are given equal importance.
Open spaces and common areas are interspersed throughout the community. Also, where possible, the
natural features of the property are emphasized to provide for a balanced within the community.
Permitted Uses:
Uses shall be allowed in accordance with the "SF 10/24" column of the Use Charts established in the
September, 2019 Wylie Zoning Ordinance with the following exception. A day care facility shall be
allowed by right, subject to a specific use permit only.
General Standards
1. The design and development of the Dominion of Pleasant Valley community shall take place in
general accordance with the attached Concept Plan (Exhibit C).
2. The maximum number of lots/homes shall be 1,104.
3. Lot Mix:
A. A maximum of 520 lots shall be the "Type C" lots (minimum lot width of 50')
B. A maximum of 436 lots shall be the "Type B" lots (minimum lot width of 60')
C. The remainder 148 lots shall be Type "A" lots (minimum lot width of 70')
D. As part of each final plat submittal, a table shall be provided which indicates the number
' of each Type of lot within the Dominion of Pleasant Valley community.
4. A minimum of 22%of the land within the Dominion of Pleasant Valley community shall be used I
as open space.
The open space shall be owned by the City and maintained by the Homeowners Association with
the exception of the swimming pool area at the amenity center. A warranty deed with a legal
description of each parcel of open space shall be provided to the City at the time of the
ownership transferring from the Developer to the City. The swimming pool area shall be owned
and maintained by the Homeowners Association. With the exception of the swimming pool
area, all other open spaces within the community shall be accessible to the public.
One element of the open space shall be a community amenity center. The amenity center shall
generally be located as shown on the Open Space Plan. The amenity center shall be constructed
with the first phase of the community and shall be completed prior to the issuance of a
Certificate of Occupancy for any residential dwelling. Components of the amenity center shall
include, at a minimum, a junior Olympic swimming pool, splash pool, bathrooms, BBQ grills,
picnic tables, shade structures, playground equipment, and an off-street parking lot.
Amenities to be provided in other open spaces identified on the Open Space Plan shall include,
at a minimum, 2 gazebos with BBQ grills and picnic tables, and 2 sets of playground equipment.
The open space, including the community's amenity center, provided within the Dominion of
Pleasant Valley community, as generally show on the Concept Plan shall be recognized as I
meeting all of the City of Wylie's acreage and or parkland dedication fee requirements for public
and/or private open space for the Dominion of Pleasant Valley community.
The Developer shall coordinate with the City on the selection of type, style, location, size etc. of
all open space improvements including but not limited to: plants, trees, turf, mulch, irrigation,
benches, tables, pavilions, gazebos, grills, playgrounds, etc. The Developer shall adhere to
established Park Division equipment standards and all Open Space and Trails Master Plan
recommendations.
All open spaces shall be sodded, rolled, and irrigated per the City's accepted practices.
All trees within the open spaces shall have tree wells and bubbler irrigation.
Water meters shall be furnished by the City, while backfiow devices shall be furnished by the
Developer.
Monthly water and electrical charges for open space maintenance shall be paid for by the
Homeowners Association
A "cost of improvements" shall be provided by the Developer to the City when the open space
ownership transfers from the Developer to the City. I
I
5. Dwellings may encroach into the required rear yard by no more than 5'. Dwellings shall not
encroach into the required front yard.
Residential Standards
Type A Lots
Type A lots shall be developed in accordance with the September, 2019 City of Wylie Zoning Ordinance,
except as indicated below.
Dimensional Standards
1. Minimum lot area: 8,400 square feet.
2. Minimum lot width: 70'. On cul-de-sacs and/or elbows, the minimum lot width shall be 60'. The
minimum street frontage for all lots at the front property line shall be 30'.
3. Minimum lot depth: 120.' On cul-de-sacs and/or elbows, the minimum lot width shall be 100'.
4. Minimum front yard: 25'. An unenclosed porch may encroach into the front setback by a
maximum of 10'.
5. Minimum side yard: 5'. The minimum side yard on a corner lot adjacent to a street shall be 15'.
If a garage is accessed from a side street, the minimum setback for the face of the garage shall
be 25'.
6. Minimum rearyard: 20' forthe primary structure. Accessory structures shall have a minimum
rearyard of 3'.
' 7. Minimum dwelling area: No more than 50% between 2,500 and 3,000 sq. ft. and 50% must be
greater than 3,000 sq. ft.
8. Maximum lot coverage:45%
9. Maximum height: 2 1/2 stories or 40' for the main building.
10. A minimum of 2 off-street parking spaces shall be provided on each single-family lot.
Type B Lots
Type B lots shall be developed in accordance with the September, 2019 City of Wylie Zoning Ordinance,
except as indicated below.
Dimensional Standards
1. Minimum lot area:7,200 square feet.
2. Minimum lot width: 60'. On cul-de-sacs and/or elbows, the minimum lot width shall be 50'. The
minimum street frontage for all lots at the front property line shall be 30'.
3. Minimum lot depth: 120'. On cul-de-sacs and/or elbows, the minimum lot depth shall be 100'.
4. Minimum front yard: 20'. An unenclosed porch may encroach into the front setback by a
maximum of 10'.
5. Minimum side yard: 5'. The minimum side yard on a corner lot adjacent to a street shall be 15'.
If a garage is accessed from a side street, the minimum setback for the face of the garage shall
be 20'.
6. Minimum rear yard: 25' for the primary structure. Accessory structures shall have a minimum
' rear yard of 3'.
7. Minimum dwelling area: No more than 50% between 2,250 and 2,750 sq. ft. and 50% must be '
greater than 2,750 sq. ft.
8. Maximum lot coverage:45%
9. Maximum height: 2 1/2 stories or 40' for the main building.
10. A minimum of 2 off-street parking spaces shall be provided on each single-family lot.
Type C Lots
Type C lots shall be developed in accordance with the City of Wylie's Zoning Ordinance as it exists or
may be amended, except as indicated below.
Dimensional Standards
1. Minimum lot area: 6,000 square feet.
2. Minimum lot width: 50'. On cul-de-sacs and/or elbows, the minimum lot width shall be 40'. The
minimum street frontage for all lots at the front property line shall be 30'.
3. Minimum lot depth: 120'. On cul-de-sacs and/or elbows, the minimum lot depth shall be 100'.
4. Minimum front yard: 20'. An unenclosed porch may encroach into the front setback by a
maximum of 10'.
5. Minimum side yard 5'. The minimum side yard on a corner lot adjacent to a street shall be 15'. If
a garage is accessed from a side street, the minimum setback forthe face of the garage shall be
20'.
6. Minimum rear yard: 25' for the primary structure. Accessory structures shall have a minimum
rear yard of 3'. '
7. Minimum dwelling area: No more than 50% of the dwelling shall be between 2,000 sq. ft. and
2,400 sq. ft. The remaining 50% of the dwelling shall be greater than 2,400 sq. ft.
8. Maximum lot coverage: 50%.
9. Maximum height: 2 1/2 stories or40' for the main building.
10. A minimum of 2 off-street parking spaces shall be provided on each single-family lot.
Residential Architectural Standards
1. Plate heights in houses shall be no less than 9' for the first floor and 8' for the second or higher
floor.
2. The front fagade of each house shall contain architectural detailing to include at least two of the
following:
A. A front porch, as defined in No. 7 below.
B. Decorative gable feature. Such a feature maybe delineated with complimentary
building materials or differing laid pattern, or combination thereof.
C. Decorative door, window, and/or opening lintels. Such a feature shall be delineated with
complementary building materials.
D. Complimentary building material wainscoting.
E. Attic windows or dormers.
F. Window shutters. The shutters shall be sized to match the window sash.
Examples of the above are shown on attachment 1. 1
3.
A "sense of arrival" shall be created at a house's primary entrance. This can be done with but
'
not limited to any two or number of the following:
A. A front porch
B. Oversized openings for a recessed front door.
C. Complimentary building materials to accent the entryway.
D. Decorative front door.
E. Enhanced primary walkway paving using earth -tone colored concrete (stain mixed in,
not applied after), stamped pattern concrete, or brick pave stone.
Examples of the above are shown on Attachment 2.
4.
Architectural repletion: 7 lots skipped before repeating same floor plan and elevation.
5.
A minimum of 25% of the home's street facade shall be offset from the remainder of the facade
by at least 2'.
6.
All of the homes shall have at least one front elevation option which includes a front porch
incorporated into the home's front elevation.
7.
Front porches: A front porch shall have a minimum depth of 6' and a minimum width of 10' (60
square feet minimum). Front porches shall have railing and columns. The railings and columns
shall be architecturally compatible with the house's front facade.
8.
A hip roof which faces the street and which comprises greater than 35% of the total width of a
house's facade material shall be broken up with dormer or other architecturally compatible
appurtenances.
9.
Lighted house number wall plaques shall be provided on the front of all homes.
'
10.
Exterior facade material: The homes shall be constructed of 100% masonry. Masonry shall
include brick, stone, masonry, stucco, and hardy plank. In no instance however shall hardy plank
comprise more than 20% of any individual facade of the home.
11.
Chimneys shall be enclosed with masonry matching the exterior walls. Chimneys shall not be
clad in hardy plank unless it can be shown that such material is needed from as structural
perspective (chimney extending through a roof) or from an architectural perspective.
12.
All trim, siding, ceiling, and garage doors on the front facades shall be painted two contrasting
colors to achieve an architecturally enhanced appearance. An example is, trim to be painted one
color and side surfaces and garage doors to be painted a second color.
13. Roof pitches shall have a minimum 8:112 for main gables and hips. Dormer roof and roofs over
porches may have a lesser pitch.
14. Roofing materials shall be either, architectural grade overlap shingles, tile, or standing seam
metal. Wood shingles shall be prohibited. Vents and other roof appurtenances shall be painted
to match the roof's color.
15. All of the homes shall have at least one front elevation option which includes two single -car
garage doors versus one two -car garage door.
16. Garage doors: Garage doors may face a public street. Garage doors facing the street shall
comprise no more than 45% of the total width of a house's facade.
17. Garage doors shall be carriage style in appearance. This shall be accomplished with the
following.
I
A. Garage door panels shall be wood clad or have the appearance of wood.
B. Decorative hardware shall be attached to the garage doors. Such hardware shall include I
handles and hinges in a complimentary color.
Examples of the above are shown on Attachment 3.
18. Carports are prohibited for homes with front entry or swing garages.
19. Fencing: Fencing located in the front of a house shall have a maximum height of 4' and shall
have a minimum 50% of the fence face area transparent. Fencing along the side or rear property
lines of a lot, including when a side or rear property line is adjacent to a street, shall have a
maximum height of 8' and be constructed of wood with metal poles and the fence's rails facing
to the inside of the lot. (Pressure treated wood as a fence material shall be prohibited).
20. Board on board fence construction with the fence's rails facing to the inside of the lot, shall be
done on all corner lots where the fence is adjacent to a street, shall have a maximum height of
8' and be constructed of wood with metal poles and the fence's rails facing to the inside of the
lot. (Pressure treated wood as a fence material shall be prohibited.)
21. Tubular steel or wrought -iron type fencing shall be required on all single-family lots adjacent to
open spaces, greenbelts, and parks referenced on the Open Space Plan (Exhibit D).
22. Landscaping: Sodded front yards with a minimum two 3" caliper trees and five shrubs shall be
provided for each home. Enhanced landscaping along the home's primary walkway shall also be
provided. When automated, subsurface irrigation systems are provided, rain sensors shall be
installed and operational.
23. Outdoor lighting. Entrances to homes and garages shall be illuminated. I
24. Conservation/Sustainability: All homes shall comply with the Energy component of the Wylie
Building Code.
1. Public open space easements: 30' wide buffer with a minimum 8' wide trail to the rear of houses
beside the open spaces and perpendicular from a street.
2. Perimeter screen along Sachse Road and Pleasant Valley Road shall be provided as generally
shown on Exhibit E (Conceptual Perimeter Treatment). More specifically, a minimum 6'tall
board -on -board cedar fence shall be provided to screen the adjacent homes from the roadways.
The fencing shall have metal poles and masonry columns spaced every 50'. The fence's rails shall
face the inside of the lot. Additionally, the fencing shall be stained to a uniform, neutral brown
color and be maintained by the Homeowner's Association. In conjunction with the fencing,
shrub plantings shall be provided.
3. Perimeter buffer, trails and landscape: A minimum 40' buffer shall be provided along Sachse
Road and Pleasant Valley Road. A mixture of large/shade and small ornamental trees shall be
provided within the 40' buffer. The trees shall be planted in natural groupings versus being
evenly spaced. A minimum of 8' wide concrete trails shall meander through the buffer as
generally depicted on Exhibit E (Conceptual Perimeter Treatment).
4. Furnishings along trails: Benches with backs shall be provided and spaced appropriately when
adjacent to open space. Decorative paving and cross -walks at street connectors shall also be
provided.
1
S. Curvilinear streets: A minimum of 25% of the streets within the community shall have a curve
between 3 and 23 degrees.
6. Entry features and medians: Architectural features on stone screening walls or stone
monuments shall be located within a landscaped median to the first cross street. Decorative
paving shall be provided in the cross -walk.
7. Signage at community entries: Community identification shall be incorporated into the
screening wall or monument located at the community entrances. The sign shall be illuminated
by means other than street lights.
8. Sidewalk locations: 5' sidewalks shall be provided on both sides of a street.
9. Mailboxes: Mailboxes shall be paired at the common property line of two lots. They shall be a
uniform style, selected by the developer, and shall be stylistically consistent throughout the
Dominion of Pleasant Valley community. A number plaque shall be provided on the mailbox.
10. Sidewalk lighting: Upgraded decorative street pole lighting shall be provided throughout the
community. The poles shall have solar controls and be spaced every 250' —350' and at
intersection at mid -block.
11. Alleys: Alleys shall not be required.
12. Community buffer yards, entryway treatments, and landscaping shall be designed, developed,
and maintained in accordance with the standards established in the Wylie Zoning Ordinance
unless otherwise identified in these requirements.
13. A Landscape Plan shall be provided in conjunction with the preliminary plat. Such a plan shall
comprehensively address edge treatments such as perimeter screening and landscaping and
' primary and secondary community entrances.
14. Community Streets: Streets within the Dominion of Pleasant Valley community shall dedicate
right-of-way and be built to the paving widths and thicknesses as identified on Exhibit F (Paving
and Right -of -Way Dimensions).
Roadway Impact Fees shall be paid for the Dominion of Pleasant Valley community's impact on
Ballard Avenue and Pleasant Valley Road. No other financial obligations with respect to these
roads shall be required.
Surveying and mitigation of protected trees shall be in accordance with the following
1. The developer shall submit an aerial exhibit of delineating wooded areas in remaining
undeveloped land. The total acreage of wooded areas shall be shown on the exhibit.
2. Within existing wooded areas to be developed in future phases, a representative one -acre area
shall be identified by City staff.
3. Protected trees within the one -acre area shall be surveyed in accordance with the City's tree
preservation ordinance.
4. The number of trees, total caliper inches, and required mitigation within the one -acre area shall
be calculated in accordance with the City's tree preservation ordinance.
S. The mitigation requirement for wooded areas within remaining phases shall be assessed based
on the mitigation required for the one -acre area.
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 Recordine Return to:
City Manager
City of Wylie
300 Country Club Road
Wylie, Texas 75098
DEVELOPMENT AGREEMENT AMONG LARRY MARTINEZ,
JOHNNY MARTINEZ, WYLIE DVP LIMITED PARTNERSHIP
AND THE CITY OF WYLIE, TEXAS
(Dominion of Pleasant Valley)
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by
and among the CITY OF WYLIE, TEXAS, a Texas home -rule municipality ("Ci-y" or "Wylie 1),
LARRY MARTINEZ ("Tract 1 Owner'), JOHNNY MARTINEZ ("Tract 2 Owner" and
together with Tract 1 Owner, the "Owners") and WYLIE DVP LIMITED PARTNERSHIP, a
Texas limited partnership ("Develooer'), on the terms and conditions hereinafter set forth. City,
Owners and Developer are individually and collectively referred to herein, respectively, a "Harty"
or" al rties."
' WHEREAS, Tract 1 Owner represents and warrants that he is the sole owner of that certain
6.082t acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, Collin
County, Texas, within the City's extraterritorial jurisdiction ("ETJ"), as more particularly
described in Exhibit A-1, attached hereto and incorporated herein for all purposes ("Tract 1
Property'); and
WHEREAS, Tract 2 Owner represents and warrants that he is the sole owner of that certain
10.315t acres of land situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, Collin
County, Texas, within the City's ETJ, as more particularly described in Exhibit A-2attached
hereto and incorporated herein for all purposes ("Tract 2 Pronerty' and together with the Tract 1
Property, the "Property"); and
WHEREAS, Owners and Developer seeks to develop a single-family residential
development on the Property; and
WHEREAS, the parties 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, Owners and Developer desire 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, 'Buildine
' Materials Standards",, in the construction, renovation, maintenance and alteration of all buildings
Development Agreement—16.397t Acres Page I of 18
3099589
currently existing and to be built in the future on the Property, regardless of whether the Property
develops as Owners or Developer desire or intend 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
Government Code; and
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 all portions
of the Property as of the Effective Date of this Agreement (hereinafter defined); and
WHEREAS, the Wylie City Council has investigated and detemuned 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 Owner agree as follows:
Incorporation of Recitals. The representations, covenants and recitations set 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 Owner.
2. Land Subject to Agreement. The land that is subject to this Agreement is the Property,
including the Tract I Property and the Tract 2 Property. Tract I Owner represents and
warrants that he is the sole owner of the Tract I Property. Tract 2 Owner represents and
warrants that he is the sole owner of the Tract 2 Property.
Building Materials Standards.
(a) In the construction, renovation, maintenance and alteration of any existing or future
building on the Property, Owners and 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. Owners and Developer also shall comply with the Wylie -
approved fagade plans for the Property, as they exist or may be amended by Wylie,
notwithstanding any conflicting provision of Chapter 3000 of the Texas
Government Code, as it exists or may be amended. Owners and Developer
voluntarily consent and agree to comply with this Agreement, the Building
Materials Standards and the approved fagade plan 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, Owners or Developer shall impose deed restrictions on the Property,
Development Agreement—16.397t Acres
3099589
Page 2 of 18
' incorporating the requirements of this Agreement. As a condition of Wylie's
issuance of any building permits on the Property, Owners or Developer shall submit
to Wylie the proposed deed restrictions in compliance with this Agreement. The
deed restrictions must be approved, in writing, by Wylie's Development Services
Director or his designee. Wylie is entitled to withhold building permits on the
Property (in addition to any other remedy available to Wylie) in the event that no
Owner or Developer has not obtained such written approval. Once approved,
Owners or 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's Development Services Director or
his designee. 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.
(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.
Owners and Developer voluntarily consent and agree to such designation. Owners
and Developer voluntarily waive 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 agree 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. Owners and Developer agree that Wylie is entitled to
amend, revise, supplement and otherwise modify the Building Materials Standards
in Wylie's sole discretion.
4. Default.
(a) If an Owner or 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 party, 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 the Property;
(v) to require an Owner, another owner of the Property, or a portion thereof,
' Developer and/or a contractor thereof to immediately cease the
Development Agreement —16.397f Acres Page 3 of 18
3099589
' construction, renovation, maintenance and/or alteration of a building on the
Property; and/or
(vi) to seek specific performance 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 Owners and Developer, then Owners and Developer may seek
specific enforcement of this Agreement as their 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
liable to Owners or 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 upon Owners and Developer. Wylie shall cause
this Agreement to be filed in the Real Property Records of Collin County, Texas. Owners
and Developer represent and warrant that there are no liens, attachments or other
encumbrances that prohibit or affect the right of such party to grant such superior and
priority encumbrance, lien or interest as described herein. If such a condition does exist,
however, Owners and Developer shall obtain a signature with acknowledgment from the
' holder of such lien, attachment or encumbrance, subordinating any such lien, attachment
or encumbrance to such party's rights granted herein.
7. Limitations of Agreement. Wylie ordinances covering property taxes, land use, zoning,
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 an Owner or Developer to
Wylie under any ordinance, whether now existing or in the future arising.
S. 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 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
Attn: City Manager
300 Country Club Road
' Wylie, Texas 75098
Development Agreement —16.397t Acres Page 4 of 18
3099589
' Telephone: (972) 516-6000
Email: chris.holsted(&wvlietexas.eov
with a copy to:
Abernathy, Roeder, Boyd & Hullett, P.C.
Attention: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Email: rpittman n,abernathv-law.com
If to Tract 1 Owner, addressed to him at:
Larry Martinez
2717 Sachse Road
Wylie, Texas 75098-6230
If to Tract 2 Owner, addressed to him at:
Johnny Martinez
2801 Sachse Road
Wylie, Texas 75098-6230
If to Developer, addressed to it at:
' WYLIE DVP LIMITED PARTNERSHIP
ATTN: Ron Haynes
8214 Westchester Street, Suite 950
Dallas, Texas 75225
Telephone: (214) 673-0575
Email: rhavnes c ,havnesdevco.com
9. Indemnity.
(a) EACH OWNER AND 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 EACH OWNER OR DEVELOPER OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES,
REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES,
TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM EACH
OWNER AND DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE
OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS OR SERVICES PROVIDED
PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT
' NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION
Development Agreement—16.397t Acres Page 5 of 18
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PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY
INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER
CIVIL OR CRIMINAL, BROUGHT AGAINST WYLIE BY ANY GOVERNMENT
AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER
THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND
ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF
EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO
EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP
BETWEEN EACH OWNER AND DEVELOPER AND THEIR RESPECTIVE EMPLOYEES
OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S
EMPLOYMENT OR SEPARATION FROM EMPLOYMENT WITH EACH OWNER OR
DEVELOPER, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM
BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR,
NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW,
RULE OR REGULATION, OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY,
FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO
RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO
RELIEF UNDER ANY POLICY FOR WORKERS' COMPENSATION INSURANCE AND ANY
OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. EACH OWNER
AND 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 EACH OWNER AND DEVELOPER IN
FULFILLING THE 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 THE OBLIGATION TO DEFEND
WYLIE OR AS A WAIVER OF THE OBLIGATION TO INDEMNIFY WYLIE PURSUANT
TO THIS AGREEMENT. EACH OWNER AND 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 AN OWNER OR DEVELOPER FAILS TO RETAIN
COUNSEL WITHIN SUCH TIME PERIOD, WYLIE SHALL HAVE THE RIGHT TO RETAIN
DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH OWNER AND DEVELOPER
SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE.
(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; Waiver
and Release of Claims For Obligations Imposed by this Agreement.
' (a) EACH OWNER AND DEVELOPER ACKNOWLEDGES AND AGREES THAT:
Development Agreement—16.397f Acres Page 6 of 18
3099589
(i) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT, 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 1T 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 OWNER AND DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS
WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES,
INCLUDING BUT NOT LIMITED TO, AN OWNER'S OR DEVELOPER'S
PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES,
BROUGHT PURSUANT TO THIS SECTION.
(b) EACH OWNER AND DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS
OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS.
(c) EACH OWNER AND 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 Ri is/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. EACH OWNER AND 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. Condemnation Procedures/Rights Waiver. AS ADDITIONAL CONSIDERATION FOR THE
BENEFITS EACH OWNER AND DEVELOPER IS RECEIVING UNDER THIS AGREEMENT, EACH
OWNER AND DEVELOPER HEREBY RELEASES WYLIE FROM AND AGAINST, AND WAIVES,
ANY ALL RIGHTS TO OR CLAIM FOR ANY RELIEF UNDER CHAPTER 2206 OF THE TEXAS
Development Agreement-16.3971 Acres
3099589
Page 7 of 18
GOVERNMENT CODE, AS AMENDED, AND/OR CHAPTER 21 OF THE TEXAS PROPERTY
CODE, AS AMENDED, ARISING OUT OF ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT.
13. Attorney's Fees. If either party files any action or brings any proceeding against the other
arising from this Agreement, then 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.,
14. 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.
15. 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.
16. 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.
17. Consideration. This Agreement is executed by the parties without coercion or duress and
for substantial consideration, the sufficiency of which is forever confessed.
18. 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.
19. 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).
20. 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
jurisdiction, then that term, condition or provision shall be deleted and the remainder of the
Development Agreement—16.3971 Acres
3099589
Page 8 of 18
' 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.
21. 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.
22. 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.
23. 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) Owners will file any approved, executed Assignment in the Real Property
Records of Collin County, Texas; and
(iv) Owners 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 each
Owner and Developer.
24. Indemnification. The parties agree that the Indemnity provisions set forth herein are
conspicuous, and the parties have read and understood the same.
25. 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.
1
Development Agreement—16.397t Acres Page 9 of 18
3099589
' 26. Immuni . 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.
27. Reference to Owner. When referring to "Owner" herein, this Agreement shall refer to and
be binding upon each Owner, and each Owner'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 each Owner
is legally responsible.
28. 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.
29. 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.
' 29. 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.
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').
Development Agreement —16.397E Acres Page 10 of 18
3099589
' CITY:
CITY OF WYLIE, TEXAS
a home -rule municipality
By: a
Chris Holsted, City Manager
Date: G jzq /zz
STATE OF TEXAS
COUNTY OF COLLIN
n/j This 'n tru ent was acknowledged before me on the 74 day of 2020,
by l it/i City Manager of the City of Wylie, Texas.
TINA UW
NOTARYPLaw Notary Public, State of Texas
STATE OF TE MS
0WCoymEx0w82-M2=
ID # 13144212.6
'
Development Agreement — 16.397t Acres Page 11 of 18
3099589
DEVELOPER:
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the Z � day of Imp- 2020,
by ?,art, ROM Wylie DVP Limited Partnership.
� l"V'P""' CAROL LYNN BUSH
;i° •,`;.= Notary Public, State of Texas
q:�°QE Comm. Expires 10-15-2020
'"e;,°,;,,' Not ID 129164759
Development Agreement —16.397f Acres
3099599
Loi0'C o�a/tri a4dz�
Notary Public, State6f Texas
Page 12 of 18
' TRACT 2 OWNER:
JOHNNY MARTINEZ
nny Maftin6i, Tract 2 Ownd
Date: 2
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of un� _, 2020,
by Johnny Martinez.
EI-61;
CAROL LYNN BU SNtary Public, State ofTexasNota Public, State exas
mm. Expires 10-15.2020
Notary ID 129164759
' Development Agreement—16.397f Acres
3099589
Page 14 of 18
I
TRACT 1 OWNER:
LARRY MARTINEZ
array Marti ez Tract 1 Owne
Date: 6•—Z� - Z,o
STATE OF TEXAS
COUNTY OF COLLIN §
This instrument was acknowledged before me on the 2-tq, day of �! L/1 t°_ 2020,
by Larry Martinez. Q, .
CAROL LYNN BUSH Notary Public, Stat fTexas
rg: ' Notary Public, State of Texas
9�.-WE Comm. Expires 10-15-2020
°n11°n70% Notary ID 129764759
' Development Agreement—16.397t Acres Page 13 of 18
3099589
' Exhibit A-1
Legal Description of the Tract 1 Property
LEGAL. DESCRIPTION
ANNEX TRACT ONE
6.082 ACRES
BEING a tract of land situated in the GUADALUPE DE LOS SANTON SURVEY,
ABSTRACT NO. 1384, City of Wylie, Dallas County, Tetras and being part of that tract of land
described in Deed to Larry C. Martinez and wife Yvonne Cuellar Martinez, as recorded in
Volume 83203. Page 2560, Deed Records, Dallas County, Texas and being more particularly
described as follows:
BEGINNLN G at a 1-inch iron pipe found in the southeast line of Sachse Road. a variable width
right-of-way, for the most westerly northwest corner of said Lam C. Martinez and wife Yvonne
Cuellar Martinez tract;
THEN C'E North 45 degrees 26 minutes 14 seconds East. with said southeast line, a distance of
19.72 feet to a L2 inch 'iron rod with a yellow plastic cap stamped --AC.'- set for the most
westerly northwest comer of that tract of land described in Deed to Ernest C Castillo and Louise
Martinez Castillo, as recorded in Document No. 2014-00170213. Deed Records. Dallas County.
Texas:
THENCE South 44 degrees 34 minutes 49 seconds East. leaving said southeast line, a distance
' of 590.30 feet to a 1 i_' inch iron rod with a yellow plastic cap stamped '7VC' set for the most
southerly southeast corner of said Ernest C Castilla and Louise Martinez Castilla tract,
THENCE North 36 degrees 55 minutes 02 seconds East, a distance of 342.66 feet to a lit inch
iron rod with a yellow plastic cap stamped '-AC- set in the northeast line of the above
mentioned Larry C. Martinez and wife Yvonne Cuellar Martinez tract for the most easterly
southeast comer of said Ernest C Castillo and Louise Martinez Castillo tract:
THENCE South 45 degrees 11 minutes 57 seconds East. with said northeast line, a distance of
469.72 feet to a fence post found for comer;
THENCE South 45 deerees 03 minutes 10 seconds East, continuing with said northeast line, a
distance of 254.14 feet to a fence post found for the southeast corner of said Lam C. Martinez
and wife Yvonne Cuellar Martinez tract;
THENCE South 44 degrees 55 minutes 30 seconds West, a distance of 365.79 feet to a 1'2 inch
iron rod found for the common south comer of said Lam C. Martinez and wife Yvonne Cuellar
Martinez tract, and most easterly southeast comer of the above mentioned Johnny N. Martinez
and wife, Josephine C. Martinez tract;
' Development Agreement—16.397t Acres
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Page 15 of 18
' THENCE Borth 44 degrees 34 minutes 49 seconds West with the common southwest line of
said Larry C. Martinez and wife Yvonne Cuellar Martinez tract and northeast comer of the
above -mentioned Johnny N. Martinez and wife, Josephine C. Martinez tract a distance of
1.266-62 to the POINT OF BEGD1XING and containing 6.082 acres of land. more or less.
' Development Agreement —16.397t Acres Page 16 of 18
3099589
' Exhibit A 2
Legal Description of the Tract 2 Property
LEGAL DESCRIPTION
ANNEX TRACT TlVO
10.313 ACRES
BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY.
ABSTRACT NO. 1384, City of Wylie, Dallas County, Texas and being all of that tract of land
described in Deed to Johnny N. Martinez and wife. Josephine C_ Martinez, as recorded in
Document No. 200302162386 (Volume 2003013_ Page 1499), Deed Records, Dallas County.
Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped'7VC" set in the southeast
line of Sachse Road, a variable width right-of-way, for the most westerly northwest corner of
said Johnny N. Martinez and wife. Josephine C. Martinez tract:
THENCE North 45 degrees 26 minutes 14 seconds East. with said southeast line. a distance of
342.41 feet to a 1-inch iron rod found for the most northerly- northwest comer of said Johnny N.
Martinez and wife, Josephine C. Martinez tract;
' THENCE South 44 degrees 34 minutes 49 seconds East, leaving said southeast line. a distance
of 1,266.62 feet to a D2 inch iron rod found for the most easterly, southeast comer of said
Johnny N. Martinez and Josephine C_ Martinez tract;
THENCE South 44 degrees 55 minutes 30 seconds West, a distance of 366.20 feet to a 5i8 inch
iron rod found for the most southerly southeast corner of said Johnny N_ Martinez and Josephine
C. Martinez tract;
THENCE North 43 degrees 30 minutes 27 seconds West, a distance of 1.270.11 feet to the
POINT OF BEGINNING and containing 10.315 acres of land. more or less.
' Development Agreement —16.397f Acres Page 17 of 18
3099589
' 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:
Ordinance No. 2017-22, Zoning Ordinance Section 3.4 (Residential Design Standards), as
it exists or may be amended by Wylie in its sole discretion
2. The zoning ordinance applicable to the Property, as it exists or may be amended by Wylie
in its sole discretion (and any successor ordinance thereto)
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
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
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
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
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
8. Ordinance No. 2017-37, Intemational Plumbing Code and all local amendments thereto, as
it exists or may be amended by Wylie in its sole discretion
9. Ordinance No. 2017-34, Intemational Energy Conservation Code and all local amendments
thereto, as it exists or may be amended by Wylie in its sole discretion
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
11. 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
Development Agreement—16.397t Acres
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Page 18 of 18
Dallas County
John F. Warren
Dallas County Clerk
Instrument Number: 202000168538/
Real Property Recordings
Recorded On: July 06, 2020 02:51 PM Number of Pages: 19
" Examined and Charged as Follows: "
Total Recording: $94.00
*******Z THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
202000168538
20200706001287
Recorded Date/Time: July 06, 2020 02:51 PM
User: Kamesha W
Station: CC47
Record and Return To:
CALEB VOLK
830 CENTRAL PARKWAY E
�AiL[�itl rlsAiL!
STATE OF TEXAS
Dallas County
I hereby certify that this Instrument was filed In the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Records of Dallas County, Texas
John F. Warren
Dallas County Clerk �—
Dallas County, TX
Die ffurmresbille ZrunM -Murphy Monitor • The Princeton Herald • 7(r SacIIMNCws -THE WYLIE NEWS
media
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. 2020-54
was published in said newspaper on the following date(s), to -wit:
November 4, 2020
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 51h day of November, 2020, to certify which
witness my hand and seal of office.
ol/yr�,pio SONIAADUGGANN
'(c�5�1� Notary ID #126646343
' My Commission Expires
'Forte August 12, 2024
My commission expires 08/12/2024.
S1uq,hp!Sach�c!Wylie Oflicr • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098. 972-442-5515 • fa 972— 42-43I8
Fammrss'ille; Princeton Oflice • 101 S. Slain • P.O. Box 512 • Farmersville, TX 75442 • 972-784-6397 •fax 972-782-7023
14C November 4-5, 2020
CITY OF WYLIE'
Ordinance
No.2020-54
An ordinance of the
City of Wylie, Texas,
amending the com-
prehensive zoning
ordinance of the City
of Wylie, as hereto- .
fore amended, so as
to change the zon-
ing on the hereinafter
described property,
zoning case number
2020-10, from agri-
cultural district (ag/30)
i to planned develop-
ment (pd), amending 1
planned development 1
' 2017-31, to allow for
single family planned
community; providing
for a penalty for the 1
violation of this ordi-
nance; providing for!
1 the repeal of all ordi-
nances in conflict; pro-
viding a severability
clause; and providing
for an effective date.
L_ - --27-It-371i