HomeMy WebLinkAboutResolution No. 06-043 RESOLUTION NO. 06- 0 43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, RELEASING THE WYNNWOOD PENINSULA DEED
RESTRICTIONS, WHICH ARE ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; PROVIDING FOR
CERTIFICATION AND FILING IN THE DEED RECORDS OF DENTON
COUNTY; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on or about May 26, 1988 the City was made beneficiary of the Deed
Restrictions for Wynnwood Peninsula, filed in Volume 2432, Page 409 of the Deed Records of
Denton County, Texas, which are attached hereto and incorporated herein as Exhibit"A"; and
WHEREAS, the City Council finds that said Deed Restrictions no longer serve any
public purpose and should therefore be released; and
WHEREAS, the City has held the required public hearings in accordance with said
restrictions;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. That the City Council hereby remise, relinquish and forever releases the Deed
Restrictions for Wynnwood Peninsula, dated May 26, 1988, filed in Volume 2432, Page 409 of the
Deed Records of Denton County, Texas, which are attached hereto and incorporated herein as
Exhibit"A."
Section 2. That the City Secretary is authorized to certify this Resolution upon its execution
and file the same in the appropriate records of Denton County, Texas.
Section 3. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 1st day of May, 2006.
J• Dillard, Mayor
y of The Colony, Texas
65765
ATTEST:
(k./AJ-lerv ,
Chris ie Wilson, TMRC, City Secretary 0°' OF Tib-:..,.
City of The Colony, Texas SOY
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APPROV t i S TO FORM:
Ara ''''''''''''''''''''
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Robert E. Hager, CfAttorney
City of The Colony, Texas
(REH//cdb (04/24/06)
65765
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} DEED RESTRICTIONS
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THE STATE OF TEXAS 7f ( PBAPFETy !FORT
5 KNOW ALL HEN BY THESE PRESENTS
COUNTY or DENTON 5 •
That the undersigned, WALLACE ROBERT NICHOLS, III TRUST 1,
1;.: WALLACE ROBERT NICHOLS, III TRUST 2, WILLIAM RANDOLPH NICHOLS ,
TRUST 1, WILLIAM RANDOLPH NICHOLS TRUST 2, JON SANFORD NICHOLS
TRUST 1, and JON SANFORD NICHOLS TRUST 2 (the "Grantor"), is the
owner of the following described property situated in Denton
County, Texas, and being part of the BOB i CAR Co. Survey,
Abstract 182, Denton County. Texas by deed recorded in Volume
893, Page 821 of the Deed Records of Denton County, Texas, end
being described more particularly as follows:
5,7056 Acre Tract
A tract of land situated In the BBB i CRR Co. Survey,
Abstract No. 182 1n Denton County. Texas, and being
part of a 6a0.695 Acre tract of land described in Deed
recorded in Volume 893, Page 023 of the Deed Records of
Denton County, Texas, being more particularly described
by metes and bounds to Wit:
BEGINNING AT an Iron Pin on the South right of way of
Boyd Road on the North boundary line of the USA Tract
No. 626 at en inner corner thereof;
THENCE South 06 deg. 24 min. and 47 sec. West of a
distance of 497.00 feet to a USA Monument No. C-626-10;
THENCE South 14 deg. 17 min. and 37 sec, West a
, distance of 309,25 feet to a USA Monument No. G-626-9;
THENCE North 25 deg, 19 min. and 24 sec. West with said
USA One a distance of.626.59 feet to an iron Pin on
the South right of way of Boyd Road No. 32;
THENCE North 88 deg. 55 min. 00 sec. East with the
South boundary line of said road a distance of 390.20
feet to an Iron Pin at an angle;
I t 7115)10E North 89 deg. 03 min. 00 sec. East with the „
South boundary line of said road a distance of 229.8]
. feet to the point of beginning and containing 5.7056
Acres of land.
22.157 Acre Tract
A tract of land situated in the BOB G CRR Co. Survey,
Abstract No. 182 In Denton County, Texas. and being
part of a 648.695 Acre tract of land that is described
In Deed recorded In Volume 893, Page 823 of the Deed
Records of Denton County, Texas, being more
particularly described by metes and bounds to-wit:
pEGINN1NG to a point in the south line of Boyd Road at
its Intersection with USA Tract G-626, point bears
North 21 deg. 43 min, West 15.7 feet from Monument G-
{ 626-7;
THENCE South 21 deg. 14 min. east 403.94 feet to
Monument 0-626-6;
THENCE South 1 deg. 24 min. East 230 feet to a point;
TIIENCE. South 98 deg. 55 min. West 728.8 feet to a
point;
THENCE South 52 deg. 39 min. West 500.9 feet to e
point;
THENCE North 37 deg. 22 min, West 830 feet to a point:
DEED RESTRICTIONS - Page 1
2
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YCi 2432rtc,410
THENCE North 52 deg. 38 min. 29 sec. East 400 feet to a
I point in the South line of Boyd Road;
THENCE North 88 deg. 55 min. East with said South line
1160.04 feet to the place of beginning, containing
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22.157 Acres.
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• 116.922 Acre Tract (the "Residential Tract") — ,
Two tracts of land situated in the BBB i CRR Co.
survey, Abstract Na. 182 in Denton County, Texas, and
1 being part of a 4,48.695 Acre tract of land that is
described In Deed recorded in Volume 893, page 823 of
the Deed Records of Denton County, Texas, being more
particularly described by metes and bounds to-wit:
BEGINNING at Monument C-626-5 in the West line of USA
1 Tract G-626;
i THENCE South 43 deg. 53 min. west 220.46 feet to
monument C-626-4;
THENCE South 23 deg. 34 min. East 72 feet to a paint;
THENCE South 88 deg. 55 min. west 563.6 feet to a ,
point;
THENCE South 52 deg. 38 min. West 390.84 feet to a
point;
THENCE North 37 deg. 22 min. West 330 feet to a point;
THENCE North 52 deg. 36 nein. East 610.9 feet to a
point;
I THENCE North 88 deg. 55 min. East 726.8 feet to the
place of beginning, containing 9.854 Acres.
DECLNNING at Monument G-626-1 in the west line of USA
Tract G-626
THENCE South 89 deg. 06 min. West with a fence 1717.46 •
feet to a point;
i THENCE South 89 deg. 10 min. west with said fence
1807.55 feet to a corner post;
I THENCE Suuth 89 deg, 25 min. 17 sec. West 1049.4 feet
to a point;
TIIENCe North 52 deg. 18 min. 29 sec. East 1162.9 feet
to a point;
THENCE South 37 deg. 22 min. East 830 feet to a point; •
THENCE South 52 deg. 38 min. West 110 feet to a point;
I THENCE South 37 deg. 22 min. East 330 feet to a point; '
THENCE North 52 deg. 38 min. East 380.84 feet to a
point;
THENCE North 88 deg. 55 min. East 583.6 feet to a point
in the West line of USA Tract G-626;
THENCE South 23 deg. 34 min. East 432 feet to Monument
G-626-3;
i THENCE South 66 deg, 37 min. East 550.65 feet to
monument C-626-2;
i 711ENCE South 14 deg. 2$ min. west 316.8 feet to the
place, of beginning, containing 107.068 Acres. I
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I That the Grantor hereby impresses all of the above-
deseritred property (the "Property") with the following deed
restrictions:
1. Dwelling Size. The Residential Tract shall be •
I developed pursuant to the ST-4 Distric Standards as set forth in •41
I the zoning Ordinance of t e a The Colony except that the
main residential portion of each Unit constructed on the
Residential Tract must consist of a minimum floor area equal to
I or greater than the following:
(a) 25 percent of the Unite shall consist of a minimum
floor area of 1,500 square feet.
(b) 20 percent of the Units shall consist of a minimum
floor area of 1,600 square fest.
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j DEED RES?RICTIONS - Page 2
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(c) 75 percent of the Units shall consist of a minimum
I floor area of 1,700 square feet,
I
(d) 20 percent of the Units shall consist of a minimum '
• floor area of 1800 square feet,
(e) Notwithstanding the foregoing, the average floor
area of the mein residential _
I portion of all of the
� Units constructed on the Property shall be equal
to or greater than 1,650 square feet. i
I To determine the average unit size as described hereinabove, 1
I calculations shall be prepared for review by the City's Director
of Planning according to the following schedule:
Upon issuance of a total of 40% of the building permits
for units on the entire tract,
Upon issuance of a total of 50% of the building permits
i for units on the entire tract.
I Upon issuance of a total of 754 of the building permits
for units on the entire tract.
Upon issuance of a total of 90% of the building permits
for units on the entire tract.
Z. Off-Site Improvements. The following off-site improve- -+
merits ere required and must be included in a City-approved
I Developer's Contract at the time of plat approval:
i
(a) Prior to the issuance of a certificate of
occupancy for a structure on the Property, the
I owner of the Property must prdvide the design and
engineering plans for, and construct or cause to
1 'ill be constructed, a northbound left-hand turn lane
from F.H. 427 to Boyd Road.
' !b) At the time of at approval, the owner of the
Property must dedicate sufficient right-of-way on
the Property to ensure that at least forty (40)
' feet of street right-of-way and additional utility
easements as required by the City is available
south of the existing centerline of Boyd Road.
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(c) At the time of plat approval, the owner of the
Property must escrow a total sue of $150.000.00
with the City which is equivalent to the owner's
approximate pro rata share of the cost to
construct one-half of a 44 foot street along- the
I Property's frontage on Boyd Road in lieu of said
construction or assessment. If Boyd Road is
constructed to four (4) lane standards and the
I actual pro rata share of the owner's cost to j
construct one-half of Boyd Road adjacent to the
Property exceeds $150,000.00, the owner must pay
the difference between the actual cost and •
1150,000.00. The City shall use best efforts to
improve or CAUie the County of Denton to improve
Boyd Road from the Property to P.N. 427.
f (d) Prior to the issuance of a certificate of 1
• occupancy for a structure on the Property, the
owner of the Property must provide the design and
engineering plans for, and construct or cause to
be constructed, a westbound left-hand turn lane
•
from Boyd Road to the Property, subject to
approval of the County of Denton.
(e) At the time of plat approval, the owner of the
Property must provide the design plans for and
obtain the approval of the City of all off-mite
sewer and water line improvements, pursuant to the
• requirements of the City.
DEED RESTRICTIONS - Peg. 3 "4,''.."--
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• • .eat G`iJ7f 1E1412 1
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3. on-Site Improvements. At the time of platting, a total
of at leaaE 1 312 acres. in one (1) oc more locations, within the
Residential Tract must be donated and dedicated to the City, upon
the City's request, for municipal purposes as set forth in the
City's platting ordinance for a fire station site or improved
park site. If the City constructs a fire station on the
Property, the owner of the Property and the City shell use best
efforts to locate the fire station and utilize architectural I
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guidelines and screening In such a manner as to minimize the t
adverse impact on the adjacent residential neighborhood.
The owner of the Property does hereby agree that these Deed
Restrictions are voluntarily submitted and are reasonable and
valid.
These restrictions shall continue in full force and effect
for a period of twenty-five (25) years from the date of
execution, and shell automatically be extended far additional
periods of tan (10) years unless terminated in the manner
specified herein. j
These restrictions shall not he altered, amended or
I terminated without a public hearing before the City Plan
Commission and the City Council of the City of The Colony.
Notice of such public hearings shall be given as would be
1 required b the law for zoningchange oa the
q Y 9 property described
I
herein, ,
The restrictions contained herein are not in any manner
I intended to restrict the right of the City Council of the City of
1
The Colony to exercise its legislative duties end powers Insofar
as zoning of the property is concerned.
j These restrictions inure to the benefit of the City of The
; 1 Colony, and the undersigned owner hereof does hereby grant to the
City of The Colony the right to prosecute, at law end in equity, 1(1
against the person violating or attempting to violate such
restrictions, either to prevent him from so doing and to correct
such violation end for further remedy, the City of Che Colony may
i
withhold a Building Permit or Certificate of Occupancy necessary
for the lawful use of the property until such restrictions I) t
1 described herein are fully complied with.
If any paragraph, sentence, clause, phrase or word in these
restriction., or application to any person or circumstances is
held invalid or unconstitutional by a Court of competent
DEMO Rf:,9TRIr'rIQM3 - Page 4 �—.—_,
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vci 243?r1S;413
jurisdiction, such holding shall not affect the validity of the
remaining portions of these restrictions, which remaining
portions shall remain in full force and effect.
These restrictions are hereby declared covenants running
with the land and shall be fully binding upon all persons
acquiring property within the above-described tract, and any
person by acceptance of title to any of the above-described
property shall therehy agree and covenant to abide by end fully
I perform the foregoing restrictions and covenants.
EXECUTED this the ,V,4 day of.1988,
WALLACE ROBERT NICHOLS, III TRUST 1
By: i'✓a•t 4 ce/24wr/u Zr T'firc.
Wallace Robert Nicholl III, Trustee
william Rand ph Nichols, Trustee
WALLACE ROBERT NICHOLS, III TRUST 2
{
Wallace Robert Nichh�ols, III, Trustee
'444e ec,777V"
By William Rand a'lpn Nichols, Trustee
WILLIAM RANDOLPH NICHOLS TRUST I
• ki /�� - �p
By wa,-.�acee�Robert Nichols. III, rustee
By://i'�-•7/244I /1'` "y' (O /rev—
William
re
William Rand ph Nichols, Trustee
WILLIAM RANDOLPH NICHOLS TRUST 2
By: 11.41.6247)4a4(--ell r
Wallace Robert Nichols. Ur, Trustee
By; / { Lo'rami
William Rand.s Nichols, Trustee
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DEED RESTRICTIONS - Page 5
6
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` • t 24'3?r,L 41
JON SANFORD NICHOLS TRUST I
By i ' c � rwWeiRober N oIII, Trustee
By: t«..1!/fa�r't,L/f4 , iia Jades'
Willi-am Rand ph Nic o Trustee '
It�
1 JON SANFORD NICHOLS TRUST�2
By: 6(&/ tr /ef)/k t�'.L') zz 1-ve..
Wa
'l�lace Robert Nichols, III, trustee
Dy;' /L+-�Fi�c...4�J:+.-r In r 'r
w Iliam Rondo ph Nichols, Trustee
f •
STATE OF TEXAS S
S
COUNTY OF 4 Ll/,../ S
BEFORE HE, the undersigned authority, on this day personally
appeared wALLACZ ROBERT NICHOLS, III, TRUSTEE, known to me to be
i the person whose name is subscribed to the foregoing instruments,
and acknowledged to me that he executed the sams as the act of
wALLAC6 ROBERT NICHOLS, III TRUST 1, WALLACC ROBERT NICHOLS, III10
TRUST 2, WILLIAM RANDOLPH NICHOLS TRUST 1, WILLIAM RANDOLPH
NICHOLS TRUST 2, JOH SANFORD NICHOLS TRUST 1, and JON SANFORD
NICHOLS TRUST 2. for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this hii't day of
Sc""p1,, , 1988.
,II le,Y�,•.�• , .
l' " ,,,. , NOTARY PUD IC, STATE OF TEXA
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1,40PConti4saton Expires:
triAlt l uv 3o /VP 694011,../ e. /6et BIC
,r,,. (Prins Name of-No:ary!
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DEED RESTRICTIONS - Page 6
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STATE OF TEXAS 5
5 1. .
ICOUNTY OF DALLAS . 5 .
BEFORE HE, the undersigned authority. on this day personally
.I appeared WILLIAM RANDOLPH NICHOLS, TRUSTEE, known to me to be the
I�
person whose name Is subscribed to the foregoing instruments, and
Iacknowledged to me that he executed the same as the act of
WALLACE ROBERT NICHOLS, III TRUST 1, WALLACE ROBERT NICHOLS, III
TRUST 2, WILLIAM! RANDOLPH NICHOLS TRUST 1, WILLIAM RANDOLPH
NICHOLS TRUST 2, JON SANFORD NICHOLS TRUST I, and JON SANFORD
NICHOLS TRUST 2. for the purposes and consideration therein
expressed and in the capacity therein stated.
N UNDER NY HAND AND SEAL OF OFFICE on this aii day Of .
I ..,c, ' :IC�S1 , 1988..
NOTARY ea,*,,.,
U IC. STATE OF TEXAS
1 ,`w,'. "My COmmission Expires:
'"L''''''':41,444.\ , ad-4- 20 1111 ejp�` ,�- RN(
IPr me ame of No aryl
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DEED RESTRICTIONS - Page 7
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