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HomeMy WebLinkAboutOrdinance No. 2015-2176 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ORDINANCE NO. 2015-211(p THE TRIBUTE AND TRIBUTE WEST DEVELOPMENT STANDARDS AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING PLANNED DEVELOPMENT 18 (PD-18) AND PLANNED DEVELOPMENT 23 (PD-23), BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN, BY REVISING CERTAIN DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council approved the Planned Development zoning for PD-18 on or about November 6, 2000; and WHEREAS, on or about May 15, 2006, the City Council approved the Development Plan for PD-18 in accordance with the zoning ordinance; and WHEREAS, the City Council approved the Planned Development zoning for PD-23 on or about April 6, 2009; and WHEREAS, on or about August 17, 2009, the City Council approved the Development Plan for PD-23 in accordance with the zoning ordinance; and WHEREAS, the PD-18 and PD-23 encompass the property described on Exhibit "A," which is attached hereto and incorporated herein for all purposes; and WHEREAS, on September 3, 2013, the City Council approved Ordinance No. 2013- 2023 amending the development plan and development regulations for PD-18 and PD-23; and WHEREAS, the applicant has made a request for approval of an amendment to the development regulations for PD-18 and PD-23, as reflected on Exhibit "B," which is attached hereto and incorporated herein for all purposes; and WHEREAS, after discussion and consideration, the City Council has determined that the revised development regulations on Exhibit "B" should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That PD-18 and PD-23, being more particularly described in Exhibit "A," which is attached hereto and incorporated herein, is hereby amended by revising certain development regulations for the development, as described on Exhibit "B," which is attached hereto and incorporated herein. SECTION 2. That PD-18 and PD-23 shall be developed and used only in accordance with the Comprehensive Zoning Ordinance and Ordinance No. 00-1245 (PD-18), as amended, and Ordinance No. 09-1802 (PD-23), as amended, including the revised development regulations on Exhibit "B" attached hereto and incorporated herein. SECTION 3. That should any sentence, paragraph, 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 decided to be unconstitutional, illegal, or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That the Zoning Ordinance of the City of The Colony, Texas, as amended, and Ordinance No. 00-1245 and Ordinance No. 09-1802, both as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 5. that any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the code of Ordinances of the City of The Colony, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and ever day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of The Colony, Texas, this the 17th day of November, 2015. APP 'OVED: J E MCCO RRY, MAY•.' ATTE . ,,`'�,�`� OF TyF / L A,4m,„, z 2. SEAL CHRISTIE WILSON, CITY SECRETARY = TE,X,AS��,,,,,, 2 APPROVED AS TO FORM: 414/6C4 JE'F MOO' CITY ATTORNEY 3 Exhibit "A" Metes and Bounds Description of PD-18 and PD-23 Tract 1 (PD-18) BEING A 5.707 ACRE TRACT OF LAND SITUATED IN THE BBB & CCR SURVEY, ABSTRACT NO. 182, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND BEING ALL OF TRACT 1, 5.704 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD., BY DEED RECORDED IN COUNTY CLERKS FILE 93-R0048821, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 5.707 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR THE NORTHWEST CORNER OF SAID 5.707 ACRE WYNNWOOD PENINSULA, LTD. TRACT, SAID POINT BEING IN THE OCCUPIED SOUTH LINE OF BOYD ROAD AS CONVEYED BY DEED TO THE COUNTY OF DENTON RECORDED IN VOLUME 400, PAGE 323, DEED RECORDS, DENTON COUNTY TEXAS, SAID CORNER BEARS NORTH 89 DEG. 24 MIN. 17 SEC. EAST, 467.96 FEET FROM A 1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF A 324.084 ACRE TRACT OF LAND CONVEYED BY DEED TO WYNNWOOD PENINSULA, LTD, RECORDED IN SAID COUNTY CLERKS FILE 93-R0048821, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 89 DEG. 20 MIN. 59 SEC. EAST,ALONG SAID SOUTH LINE AND THE NORTH LINE OF SAID 5.707 ACRE TRACT, A DISTANCE OF 390.20 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER& BURGESS" SET FOR CORNER; THENCE, SOUTH 89 DEG. 12 MIN. 44 SEC. EAST, CONTINUING ALONG SAID SOUTH LINE AND THE NORTH LINE OF SAID 5.707 ACRE TRACT, A DISTANCE OF 229.80 FEET TO A FENCE CORNER POST FOR CORNER; THENCE, SOUTH 08 DEG. 02 MIN. 19 SEC. WEST, ALONG THE NORTHERLY LINE OF U.S.A. TRACT G626 OF THE GARZA-LITTLE ELM RESERVOIR PROJECT (NOW CALLED LAKE LEWISVILLE) CONVEYED BY DEED RECORDED IN VOLUME 381, PAGE 423, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 497.20 FEET TO C.O.E MONUMENT NO. 626-10 FOUND FOR CORNER; THENCE, SOUTH 76 DEG. 03 MIN. 46 SEC. WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 309.51 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER 2 FEET SOUTH OF AND 2.5 FEET WEST OF A FENCE CORNER POST; THENCE, NORTH 23 DEG. 31 MIN. 15 SEC. WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 626.50 FEET TO THE POINT OF BEGINNING AND Exhibit A—Page 1 2155.010\48561.5 CONTAINING 5.707 ACRES OF LAND, MORE OR LESS. Tract 2 (PD-18) BEING A 605.795 ACRE TRACT OF LAND SITUATED IN THE T. LUCKETT SURVEY, ABSTRACT NO. 752, BBB & CCR SURVEY, ABSTRACT NO. 182, AND THE S. PAYTON SURVEY, ABSTRACT NO. 1009, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND BEING ALL OF TRACT 2, A CALLED 324.084 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD., BY DEED RECORDED IN COUNTY CLERKS FILE 93-R0048821, A 56.584 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD, BY DEED RECORDED IN COUNTY CLERKS FILE NO 93-R0087901, A 40.535 ACRE TRACT OF LAND CONVEYED BY DEED TO WYNNWOOD PENINSULA, LTD. RECORDED IN COUNTY CLERKS FILE NO. 94- R0089415. A 40.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE NO. 95-0076009, A 42.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE NO. 97-R0086390, AND THE REMAINDER OF A CALLED 182.79 ACRE TRACT OF LAND CONVEYED BY DEED TO ROBERT E. STRIEF RECORDED IN VOLUME 574, PAGE 604, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 605.795 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT CORPS OF ENGINEERS (C.O.E) MONUMENT NO. C241-2 FOUND AT THE SOUTHWEST CORNER OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT; THENCE, NORTH 01 DEG. 26 MIN. 52 SEC. EAST, ALONG THE WEST LINE OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT, A DISTANCE OF 1100.08 FEET TO A 3/4" IRON ROD FOUND FOR CORNER; THENCE, NORTH 01 DEG, 12 MN. 56 SEC. EAST, CONTINUING ALONG THE WEST LINE OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT, PASSING THE SOUTHWEST CORNER OF SAID 40.535 ACRE TRACT OF LAND CONVEYED BY DEED AT 49.89 FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 865.32 FEET ALONG THE WEST LINE OF SAID 40.535 ACRE TRACT TO A FENCE CORNER POST FOR THE NORTHWEST CORNER OF SAID 40.535 ACRE TRACT; THENCE, SOUTH 89 DEG. 27 MN, 31 SEC. EAST, ALONG THE NORTH LINE OF SAID 40.535 ACRE WYNNWOOD PENINSULA, LTD. TRACT, A DISTANCE OF 2141.85 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 40.535 ACRE TRACT, SAID POINT ALSO BEING THE MOST WESTERLY NORTHWEST CORNER OF THE AFORESAID 324.084 ACRE WYNNWOOD PENINSULA, LTD. TRACT; THENCE, ALONG THE MONUMENT PARTITION LINE BETWEEN TRACT Al, EXHIBIT A, AND TRACT B2, EXHIBIT B, DESCRIBED IN DEED OF PARTITION, RECORDED IN Exhibit A—Page 2 2155.010\48561.5 VOLUME 2163, PAGE 433, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING THE SAME LINE AS DESCRIBED IN DEED OF SAID 324.084 ACRE WYNNWOOD PENINSULA, LTD., TRACT, THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 89 DEG. 42 MIN. 25 SEC. EAST, A DISTANCE OF 1113.32 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 00 DEG. 44 MIN. 11 SEC. EAST, A DISTANCE OF 2347.37 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 53 DEG. 47 MIN. 45 SEC. EAST, A DISTANCE OF 3532.09 FEET TO A 1/2" IRON ROD FOUND FOR CORNER IN THE SOUTH LINE OF BOYD ROAD AS DESCRIBED IN DEED TO THE COUNTY OF DENTON RECORDED IN VOLUME 400, PAGE 323, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, SOUTH 89 DEG. 36 MIN. 23 SEC. EAST, ALONG SAID SOUTH LINE OF BOYD ROAD AND THE NORTH LINE OF SAID 324.084 ACRE TRACT, A DISTANCE OF 1160.97 FEET TO A 1/2" IRON ROD FOUND FOR NORTHEAST CORNER OF SAID TRACT IN THE WEST LINE OF U.S.A. TRACT G626 OF THE GARZA-LITTLE ELM RESERVOIR PROJECT (NOW CALLED LAKE LEWISVILLE) CONVEYED BY DEED RECORDED IN VOLUME 381, PAGE 423, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG THE EAST LINE OF SAID 324.084 ACRE TRACT AND U.S.A. TRACT NO G-626 THE FOLLOWING SIX COURSES AND DISTANCES: SOUTH 19 DEG. 20 MIN. 20 SEC. EAST, PASSING C.O.E. MONUMENT NO. 626-7 FOUND AT 27.78 FEET, AND CONTINUING IN ALL A TOTAL DISTANCE OF 416.72 FEET TO C.O.E. MONUMENT NO. G626-6 FOUND FOR CORNER; SOUTH 00 DEG. 35 MIN. 31 SEC. WEST, A DISTANCE OF 403.72 FEET TO C.O.E. MONUMENT NO. G626-5 FOUND FOR CORNER; SOUTH 45 DEG. 48 MIN. 38 SEC. WEST, A DISTANCE OF 219.95 FEET TO C.O.E. MONUMENT NO. G626-4 FOUND FOR CORNER; SOUTH 21 DEG. 42 MIN. 53 SEC. EAST, A DISTANCE OF 504.77 FEET TO C.O.E. MONUMENT NO. G626-3 FOUND FOR CORNER; SOUTH 64 DEG. 44 MIN. 03 SEC. EAST, A DISTANCE OF 550.27 FEET TO C.O.E. MONUMENT NO. G626-2 FOUND FOR CORNER; SOUTH 16 DEG. 23 MN. 14 SEC. WEST, A DISTANCE OF 516.70 FEET TO C.O.E. MONUMENT NO. G626-1 FOUND FOR CORNER; THENCE, SOUTH 88 DEG. 52 MIN. 21 SEC. EAST, CONTINUING ALONG THE SOUTH LINE OF SAID U.S.A. TRACT G-626, A DISTANCE OF 180.76 FEET TO C.O.E. Exhibit A—Page 3 2155.010\48561.5 MONUMENT NO. G627-1 FOUND FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF AFORESAID 182.79 ACRE ROBERT E. STRIEF TRACT AND THE NORTH WEST CORNER OF U.S.A. TRACT G627 CONVEYED BY DEED RECORDED IN VOLUME 385, PAGE 99 AND MODIFIED BY QUIT CLAIM DEED TO E. SMITH AND ORA MAE SMITH RECORDED IN VOLUME 468, PAGE 418, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG THE EAST LINE OF SAID STRIEF TRACT AND THE WEST LINE OF U.S.A. TRACT G627 THE FOLLOWING TEN COURSES AND DISTANCES: SOUTH 32 DEG. 43 MN. 30 SEC. EAST, A DISTANCE OF 719.98 FEET TO C.O.E. MONUMENT NO. G627-2 FOUND FOR CORNER; SOUTH 01 DEG. 14 MN. 39 SEC. WEST, A DISTANCE OF 250.36 FEET TO C.O.E. MONUMENT NO. G627-3 FOUND FOR CORNER; NORTH 77 DEG. 49 MIN. 13 SEC. WEST, A DISTANCE OF 250.67 FEET TO C.O.E. MONUMENT NO. G627-4 FOUND FOR CORNER; NORTH 27 DEG. 11 MIN. 57 SEC. WEST, A DISTANCE OF 277.42 FEETTO C.O.E. MONUMENT NO. G627-4A FOUND FOR CORNER, AT THE SOUTH CORNER OF A 0.23 ACRE TRACT OF LAND CONVEYED FROM ROBERT E. STRIEF TO U.S.A. BY DEED RECORDED IN VOLUME 2457, PAGE 193, REAL PROPERTY • RECORD, DENTON COUNTY, TEXAS; NORTH 03 DEG. 56 MIN. 27 SEC. EAST, A DISTANCE OF 98.26 FEET TO C.O.E. MONUMENT NO. G627-4B FOUND FOR CORNER; NORTH 17 DEG. 12 MIN. 22 SEC. WEST, A DISTANCE OF 117.41 FEET TO C.O.E. MONUMENT NO. G627-4C FOUND FOR CORNER; SOUTH 74 DEG. 15 MN. 55 SEC. WEST, A DISTANCE OF 72.63 FEET TO C.O.E. MONUMENT NO. G627-4D FOUND FOR CORNER; NORTH 27 DEG. 11 MIN. 57 SEC. WEST, A DISTANCE OF 148.34 FEET TO C.O.E. MONUMENT NO. G627-5 FOUND FOR CORNER; SOUTH 19 DEG. 07 MIN. 15 SEC. WEST, A DISTANCE OF 443.35 FEET TO C.O.E. MONUMENT NO. G627-6 FOUND FOR CORNER; SOUTH 24 DEG. 59 MIN. 05 SEC. EAST, A DISTANCE OF 499.68 FEET TO C.O.E. MONUMENT NO. 627-7 FOUND FOR CORNER, SAID PONT BEING THE NORTHWEST CORNER OF A U.S.A. TRACT G628 CONVEYED BY DEED RECORDED N VOLUME 385, PAGE 99 AND MODIFIED BY QUIT CLAIM DEED TO E. SMITH AND ORA MAE SMITH RECORDED N VOLUME 468, PAGE 418, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; Exhibit A—Page 4 2155.010\48561.5 THENCE, CONTINUING ALONG THE EAST LINE OF SAID STRIEF TRACT AND THE WEST LINE OF SAID U.S.A. TRACT G628 THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 30 DEG. 03 MIN. 06 SEC. WEST, A DISTANCE OF 393.89 FEET TO C.O.E. MONUMENT NO. G628-2 FOUND FOR CORNER; SOUTH 47 DEG. 31 MIN. 21 SEC. WEST, A DISTANCE OF 1038.81 FEET TO C.O.E. MONUMENT NO. G628-3 FOUND FOR CORNER; SOUTH 14 DEG. 19 MIN. 34 SEC. WEST, A DISTANCE OF 196.63 FEET TO C.O.E. MONUMENT NO. G628-4 FOUND FOR CORNER IN THE SOUTH LINE OF SAID STRIEF TRACT; THENCE, NORTH 88 DEG. 23 MIN. 26 SEC. WEST, ALONG THE SOUTH LINE OF SAID STRIEF TRACT A DISTANCE OF 375.97 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER& BURGESS" SET FOR CORNER; THENCE, CONTINUING ALONG SAID SOUTH LINE AND THE NORTHWESTERLY LINE OF U.S.A. TRACT G628, THE FOLLOWING TWO COURSES AND DISTANCE: NORTH 43 DEG. 44 MIN. 52 SEC. WEST, A DISTANCE OF 148.52 FEET TO THE REMAINS OF C.O.E. MONUMENT NO. G6286 FOUND FOR CORNER; SOUTH 09 DEG. 08 MIN. 14 SEC. WEST, ADISTANCE OF 113.21 FEET TO A 1/2" IRON ROD FOUND FOR CORNER IN THE SOUTH LINE OF SAID STRIEF TRACT; THENCE, NORTH 88 DEG. 56 MIN. 00 SEC. WEST, CONTINUING ALONG THE SAID SOUTH LINE OF STRIEF TRACT, A DISTANCE OF 2.85 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER IN THE SOUTHEASTERLY LINE OF AFORESAID 324.084 ACRE WYNNWOOD PENINSULA, LTD., TRACT AND THE NORTHWESTERLY LINE OF U.S.A. TRACT NO G608 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 384, PAGE 162 AND MODIFIED BY QUIT CLAIM DEED TO O.N. SEAGRAVES, ET UX RECORDED IN VOLUME 465, PAGE 694, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, ALONG SAID SOUTHEASTERLY LINE OF 324.084 ACRE TRACT AND SAID NORTHWESTERLY LINE OF U.S.A. TRACT G608 THE FOLLOWING SEVEN COURSES AND DISTANCES: SOUTH 42 DEG. 33 MIN. 37 SEC. WEST, A DISTANCE OF 337.43 FEET TO C.O.E. MONUMENT NO. G608-10 FOUND FOR CORNER; SOUTH 15 DEG. 59 MIN. 41 SEC. WEST, A DISTANCE OF 199.68 FEET TO C.O.E. MONUMENT NO. G608-9 FOUND FOR CORNER; Exhibit A—Page 5 2155.010\48561.5 NORTH 83 DEG. 16 MIN. 00 SEC. WEST, A DISTANCE OF 199.79 FEET TO C.O.E. MONUMENT NO. G608-8 FOUND FOR CORNER; SOUTH 20 DEG. 15 MIN. 25 SEC. WEST, A DISTANCE OF 230.29 FEET TO C.O.E. MONUMENT NO. G608-7 FOUND FOR CORNER; NORTH 31 DEG. 01 MIN. 55 SEC. WEST, A DISTANCE OF 559.14 FEET TO C.O.E. MONUMENT NO. G608-6 FOUND FOR CORNER; NORTH 53 DEG. 42 MIN.38 SEC. WEST, A DISTANCE OF 119.89 FEET TO C.O.E. MONUMENT NO. G608-5 FOUND FOR CORNER; SOUTH 04 DEG. 23 MIN. 11 SEC. WEST, A DISTANCE OF 50.81 FEET TO C.O.E. MONUMENT NO. 603-2-3 FOUND FOR CORNER, SAID POINT BEING THE NORTH EAST CORNER OF U.S.A. TRACT NO. G603-2 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 383, PAGE 30 AND MODIFIED BY QUIT CLAIM DEED LEONARD V. GUMM, ET AL RECORDED IN VOLUME 419, PAGE 46, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE OF 324.084 ACRE TRACT AND THE NORTH AND WEST LINES OF SAID U.S.A. TRACT NO. G603-2 THE FOLLOWING TWO COURSES AND DISTANCES: NORTH 68 DEG. 44 MIN. 45 SEC. WEST, A DISTANCE OF 300.21 FEET TO C.O.E. MONUMENT NO. G603-2-2 FOUND FOR CORNER; SOUTH 18 DEG. 14 MN. 44 SEC. EAST, A DISTANCE OF 850.05 FEET TO C.O.E. MONUMENT NO. G603-2-1 FOUND FOR CORNER; THENCE, SOUTH 01 DEG. 03 MIN. 59 SEC. WEST, ALONG CONTINUING ALONG THE SAID SOUTHEASTERLY LINE OF SAID 324.084 ACRE TRACT, A DISTANCE OF 188.40 FEET TO C.O.E. MONUMENT NO. G603-1-13 FOUND FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF U.S.A. TRACT NO G603-1 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 383, PAGE 30 AND MODIFIED BY QUIT CLAIM DEED TO LEONARD V. GUMM, ET AL RECORDED IN VOLUME 419, PAGE 46, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE AND THE NORTHWESTERLY LINE OF SAID U.S.A. TRACT NO. G603-1 THE FOLLOWING TWELVE COURSES AND DISTANCES: NORTH 70 DEG. 47 MIN. 04 SEC. WEST, A DISTANCE OF 699.72 FEET TO C.O.E. MONUMENT NO. G603-1-12 FOUND FOR CORNER; SOUTH 20 DEG. 17 MIN. 11 SEC. EAST, A DISTANCE OF 775.43 FEET TO C.O.E. Exhibit A—Page 6 2155.010\48561.5 MONUMENT NO. G603-1-11 FOUND FOR CORNER; SOUTH 48 DEG. 19 MIN. 12 SEC. WEST, A DISTANCE OF 700.08 FEET TO C.O.E. MONUMENT NO. G603-1-10 FOUND FOR CORNER; SOUTH 89 DEG. 03 MIN. 12 SEC. WEST, A DISTANCE OF 330.13 FEET TO C.O.E. MONUMENT NO. G603-1-9 FOUND FOR CORNER; NORTH 42 DEG. 06 MIN. 31 SEC. WEST, A DISTANCE OF 499.78 FEET TO C.O.E. MONUMENT NO. G603-1-8 FOUND FOR CORNER; NORTH 75 DEG. 21 MIN. 37 SEC. WEST, A DISTANCE OF 399.88 FEET TO C.O.E. MONUMENT NO. G603-1-7 FOUND FOR CORNER; SOUTH 25 DEG. 31 MIN. 53 SEC. EAST, A DISTANCE OF 460.27 FEET TO C.O.E. MONUMENT NO. G603-1-6 FOUND FOR CORNER; SOUTH 83 DEG. 46 MIN. 49 SEC. WEST, A DISTANCE OF 450.32 FEET TO C.O.E. MONUMENT NO. G603-1-5 FOUND FOR CORNER; NORTH 23 DEG. 47 MIN. 57 SEC. EAST, A DISTANCE OF 300.02 FEET TO C.O.E. MONUMENT NO. G603-1-4 FOUND FOR CORNER; NORTH 45 DEG. 50 MIN. 26 SEC. WEST, A DISTANCE OF 375.20 FEET TO C.O.E. MONUMENT NO. G603-1-3 FOUND FOR CORNER; NORTH 18 DEG. 18 MIN. 20 SEC. WEST, A DISTANCE OF 799.87 FEET TO C.O.E. MONUMENT NO. G603-1-2 FOUND FOR CORNER; SOUTH 06 DEG. 02 MIN. 45 SEC. WEST, A DISTANCE OF 1374.81 FEET TO C.O.E. MONUMENT NO. G603-1-1 FOUND FOR CORNER IN THE SOUTH LINE OF SAID 324.084 ACRE TRACT; THENCE, NORTH 89 DEG. 19 MIN. 24 SEC. WEST, ALONG SAID SOUTH LINE, PASSING C.O.E. MONUMENT NO. G607-1 AT 539.98 FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 559.96 FEET TO A 1/2" IRON ROD FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF SAID 324.084 ACRE WYNNWOOD PENINSULA, LTD., TRACT; THENCE, NORTH 01 DEG. 01 MIN. 30 SEC. EAST, ALONG THE WEST LINE OF SAID 324.084 ACRE TRACT, PASSING A 1/2" IRON ROD FOUND AT 132.80 FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 136.52 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER; SAID CORNER BEING THE SOUTHEAST CORNER OF AFORESAID 56.584 ACRE WYNNWOOD PENINSULA, LTD, TRACT; Exhibit A—Page 7 2155.010\48561.5 THENCE, NORTH 89 DEG. 10 MN. 19 SEC. WEST, ALONG THE SOUTH LINE OF SAID 56.584 ACRE TRACT, A DISTANCE OF 2153.68 FEET TO THE POINT OF BEGINNING AND CONTAINING 605.795 ACRES OF LAND, MORE OR LESS. Tract 3 (PD-23) BEING a parcel of land located in Denton County, Texas, a part of the B.B.B. & C.R.R. Survey, Abstract 170, a part of the B.B.B. & C.R.R. Survey, Abstract 179,a part of the B.B.B. & C.R.R. Survey, Abstract No. 182, a part of the Thompson D. Luckett Survey, Abstract No. 751, and a part of the J. Robertson Survey, Abstract No. 1507, and being all of that 250.65 acre tract of land described as Tract 1 and being a part of that 62.75 acre tract of land described as Tract II, conveyed to Wynnwood Peninsula Partners, L. P. in a Special Warranty Deed dated December 21, 2007 recorded in Document No. 2007-146787 Deed Records Denton County, being a part of that 48.769 acre tract of land conveyed to Wynnwood Peninsula Partners, L.P. in a Special Warranty Deed Dated January 16, 2008 recorded in Document No. 2008-5640, Deed Records Denton County, being a part of Lebanon Road (a variable width right-of-way), being a part of Boyd Road (a prescriptive use right-of-way), and being further described as follows: BEGINNING at a five-eights inch iron rod found for the southeast corner of said 250.65 acre tract of land, said point being in the west line of that tract of land described as Tract II conveyed to Wynnwood Peninsula Venture as recorded in Document No. 2006-43169, Deed Records Denton County; THENCE along the south line of said 250.65 acre tract of land as follows: South 88 degrees 46 minutes 30 seconds West, 312.03 feet to a five-eights inch iron rod found for corner; South 88 degrees 45 minutes 10 seconds West, 801.03 feet to a one-half inch iron rod found for corner; South 89 degrees 01 minutes 07 seconds West, 2141.85 feet to a one-half inch iron rod set for corner; North 04 degrees 08 minutes 26 seconds West, 31.84 feet to a Corp of Engineer monument found for corner; South 87 degrees 58 minutes 59 seconds West, 238.88 feet to a Corp of Engineer monument for corner; North 89 degrees 55 minutes 28 seconds West, 192.54 feet to a Corp of Engineer monument found for the southwest corner of said 250.65 acre tract of land, said point being in the east line of Garza-Little Elm Dam and Reservoir(Lake Lewisville); Exhibit A—Page 8 2155.010\48561.5 THENCE along the west line of said 250.65 acre tract of land and along the east line of said Garza-Little Elm Dam and Reservoir(Lake Lewisville) as follows: North 24 degrees 36 minutes 59 seconds East, 556.05 feet to a point for corner; North 71 degrees 45 minutes 30 seconds East, 134.59 feet to a point for corner; North 30 degrees 50 minutes 28 seconds West, 86.29 feet to a point for corner; North 27 degrees 57 minutes 07 seconds East, 466.04 feet to a point for corner; South 68 degrees 13 minutes 00 seconds East, 263.30 feet to a Corp of Engineer monument for corner; North 64 degrees 05 minutes 52 seconds East, 376.74 feet to a Corp of Engineer monument for corner; North 89 degrees 33 minutes 08 seconds East, 403.23 feet to a Corp of Engineer monument for corner; North 00 degrees 15 minutes 14 seconds West, 379.56 feet to a Corp of Engineer monument for corner; North 61 degrees 45 minutes 56 seconds West, 339.76 feet to a point for corner; North 05 degrees 13 minutes 46 seconds West, 425.54 feet to a point for corner; North 50 degrees 58 minutes 42 seconds East, 150.71 feet to a Corp of Engineer monument for corner; North 05 degrees 32 minutes 05 seconds East, 662.31 feet to a Corp of Engineer monument for corner; North 88 degrees 07 minutes 35 seconds East, 42.24 feet to a Corp of Engineer monument for corner, said point being the southwest corner of Wynnwood Haven Estates, an addition to the County of Denton as recorded in Cabinet E, Page 209, Map Records Denton County; THENCE along the south line of said Wynnwood Haven Estates as follows: North 83 degrees 53 minutes 31 seconds East, 100.47 feet to a one-half inch iron rod found for corner; North 00 degrees 33 minutes 25 seconds West, 7.13 feet to a one-half inch iron rod set for corner; Exhibit A—Page 9 2155.010\48561.5 North 89 degrees 16 minutes 35 seconds East, 1215.83 feet to a railroad spike found for the southeast corner of said Wynnwood Haven Estates and said point being in the center of Boyd Road (a prescriptive use right-of-way); THENCE North 01 degrees 02 minutes 51 seconds West, 157.91 feet along the east line of said Wynnwood Haven Estates and along the center of Boyd Road to a one-half inch iron rod found for corner; THENCE North 01 degrees 38 minutes 55 seconds West, 158.18 feet along the east line of said Wynnwood Haven Estates to a Corp of Engineer monument found for corner, said point being in the southeast line of said Garza-Little Elm Dam and Reservoir(Lake Lewisville); THENCE along the southeast line of said Garza-Little Elm Dam and Reservoir (Lake Lewisville) as follows: North 78 degrees 19 minutes 06 seconds East, 65.66 feet to a one-half inch iron rod set for corner; North 49 degrees 05 minutes 28 seconds East, 322.05 feet to a Corp of Engineer monument found for corner; North 62 degrees 33 minutes 24 seconds East, 1112.30 feet to a one-half inch iron rod found for corner; North 36 degrees 39 minutes 40 seconds East, 762.29 feet to a one-half inch iron rod found for the northwest corner of said 250.65 acre tract of land; North 36 degrees 45 minutes 05 seconds East, 71.39 feet to a Corp of Engineer monument found for the southwest corner of said Tract II, said point being the most southerly southeast corner of 48.769 acre tract of land, and said point being in the north line of Boyd Road(a prescriptive use right-of-way); THENCE along the northerly line of said Tract II and along the southerly line of said 48.769 acre tract of land as follows: North 36 degrees 51 minutes 46 seconds East, 64.89 feet to a seven-eights inch iron rod found for corner; South 89 degrees 45 minutes 28 seconds East, 562.78 feet to a seven-eights inch iron rod found for corner; North 66 degrees 43 minutes 39 seconds East, 2028.02 feet to a seven-eights inch iron rod found for corner; North 52 degrees 21 minutes 59 seconds East, 962.29 feet to a seven-eights inch iron rod found for corner; Exhibit A—Page 10 2155.010\48561.5 South 41 degrees 15 minutes 03 seconds East, 627.56 feet to a seven-eights inch iron rod found for corner; North 72 degrees 49 minutes 11 seconds East, 118.05 feet to a point for corner; THENCE North 00 degrees 02 minutes 08 seconds East, 370.33 feet to a Corp of Engineer monument found in the north line of said 48.769 acre tract of land and said point being in the southeast line of said Garza-Little Elm Dam and Reservoir(Lake Lewisville); THENCE North 14 degrees 14 minutes 56 seconds East, 556.26 feet along the north line of said 48.769 acre tract of land and along the southeast line of said Garza-Little Elm Dam and Reservoir to a Corp of Engineer monument found for corner; THENCE South 41 degrees 03 minutes 50 seconds East, 553.16 feet along the north line of said 48.769 acre tract of land and along the southeast line of said Garza-Little Elm Dam and Reservoir(Lake Lewisville) to a point for corner; THENCE South 00 degrees 01 minutes 00 seconds West, 1423.56 feet to a point in the south line of said Tract II and said point being in the center of Lebanon Road; THENCE South 89 degrees 05 minutes 25 seconds West, 1699.75 feet to a one-half inch iron rod found in the south line of said Tract Two, said point being at the intersection of the north line of Lebanon Road with the north line of Boyd Road; THENCE South 89 degrees 15 minutes 51 seconds West, 519.62 feet along the south line of said Tract II and along the north line of Boyd Road to a point for corner; THENCE South 52 degrees 16 minutes 40 seconds West, 3644.68 feet to a five-eights inch iron rod found in the east line of said 250.65 acre tract of land; THENCE South 00 degrees 46 minutes 53 seconds East, 2347.37 feet to the POINT OF BEGINNING and containing 14,061,478 square feet or 322.81 acres of land. Tract 4 (PD-23) BEING a parcel of land located in Denton County, Texas, a part of the B.B.B. & C.R.R. Survey, Abstract 179, and being a part of that tract of land conveyed to Wynnwood Peninsula Partners, L.P. recorded in Document No. 2008-5640, Deed Records Denton County, and being further described as follows: BEGINNING at a Corp of Engineer monument found for the southwest corner of that tract of land conveyed to Wynnwood Peninsula Partners, L.P. as recorded in Document No. 2008-5640, Deed Records Denton County, said point being in the east line of the Garza-Little Elm Dam and Reservoir(Lake Lewisville); Exhibit A—Page 11 2155.010\48561.5 THENCE along the northwesterly boundary line of said Wynnwood tract of land and the boundary line of said Garza-Little Elm Dam and Reservoir, (Lake Lewisville) as follows: North 45 degrees 22 minutes 05 seconds East, 575.78 feet to a Corp of Engineer monument found for corner; South 66 degrees 13 minutes 05 seconds East, 550.42 feet to a Corp of Engineer monument found for corner; North 55 degrees 31 minutes 30 seconds East, 1063.30 feet to a four inch pipe post found for corner; South 53 degrees 20 minutes 23 seconds East, 99.10 feet to a four inch pipe post found for corner; North 58 degrees 49 minutes 33 seconds East, 39.21 feet to a four inch pipe post found for corner; North 09 degrees 43 minutes 33 seconds West, 105.85 feet to a four inch pipe post found for corner; North 55 degrees 34 minutes 45 seconds East, 532.40 feet to a four inch pipe post found for corner; South 68 degrees 39 minutes 45 seconds East, 111.43 feet to a four inch pipe post found for corner; North 06 degrees 45 minutes 37 seconds East, 122.83 feet to a four inch pipe post found for corner; North 55 degrees 32 minutes 07 seconds East, 542.48 feet to a Corp of Engineer monument found for corner; North 31 degrees 56 minutes 09 seconds West, 949.10 feet to a Corp of Engineer monument found for corner; South 78 degrees 20 minutes 38 seconds East, 400.38 feet to a Corp of Engineer monument found for corner; South 52 degrees 10 minutes 02 seconds East, 727.85 feet to a four inch pipe post found for corner; South 24 degrees 02 minutes 41 seconds West, 30.84 feet to a four inch pipe post found for corner; Exhibit A—Page 12 2155.010\48561.5 South 15 degrees 40 minutes 20 seconds East, 51.56 feet to a four inch pipe post found for corner; South 56 degrees 34 minutes 06 seconds East, 24.94 feet to a four inch pipe post found for corner; North 57 degrees 44 minutes 36 seconds East, 62.09 feet to a four inch pipe post found for corner; South 52 degrees 13 minutes 08 seconds East, 775.93 feet to a Corp of Engineer monument found for corner; North 14 degrees 14 minutes 56 seconds East, 93.10 feet to a point for corner; THENCE South 00 degrees 02 minutes 01 seconds West, 370.17 feet to a point for corner in the south line of said Wynnwood tract, said point being in the north line of a tract of land described as Tract 2 conveyed to Wynnwood Peninsula Partners, L.P. as recorded in Document No, 2007- 146787, Deed Records Denton County; THENCE alongthe south lineof said Wynnwood Tract and the north line of said Tract 2 as follows: South 72 degrees 49 minutes 11 seconds West, 118.02 feet to a seven-eights inch iron rod found for corner; North 41 degrees 15 minutes 03 seconds West, 627.56 feet to a seven-eights inch iron rod found for corner; South 52 degrees 21 minutes 59 seconds West, 962.29 feet to a seven-eights inch iron rod found for corner; South 66 degrees 43 minutes 39 seconds West, 2028.02 feet to a seven-eights inch iron rod found for corner; North 89 degrees 45 minutes 28 seconds West, 562.78 feet to a seven-eights inch iron rod found for corner; South 36 degrees 51 minutes 46 seconds West, 64.89 feet to a point for corner in the north line of Boyd Road (a prescriptive use right-of-way); THENCE South 89 degrees 35 minutes 43 seconds West, 312.09 feet along the north line of Boyd Road to the POINT OF BEGINNING and containing 1,754,917 square feet or 40.29 acres of land. Tract 5 (PD-23) Exhibit A—Page 13 2155.01,0\48561.5 BEING a parcel of land located in Denton County, Texas, a part of the J. ROBERTSON SURVEY ABSTRACT No. 1507 and a part of the RICHARD G. DUNLAP SURVEY, ABSTRACT No. 352, and also being a part of that tract of land described as Tract 2, conveyed to Wynnwood Peninsula Partners, L. P. recorded in Document No. 2007-146787, Deed Records Denton County, and being further described as follows: BEGINNING at one-half inch iron rod found at the northeast corner of said Tract 2, said point being the southeast corner of a tract of land conveyed to Wynnwood Peninsula Partners, L.P. as recorded in Document No. 2008-5640, Deed Records Denton County, said point also being in the west line of a land described as Tract 2 conveyed to Waterstone LP as recorded in Document No. 2007-139619, Deed Records Denton County; THENCE South 00 degrees 20 minutes 30 seconds East, 854.99 feet along the east line of said Tract 2 and the west line of said Waterstone tract to a point for corner in the centerline of Lebanon Road; THENCE South 89 degrees 05 minutes 25 seconds West, 219.03 feet along the center of Lebanon Road to a point for corner; THENCE North 00 degrees 26 minutes 10 seconds West, 1068.71 feet to a point for corner in the north line of said Tract 2, said point being in the south line of said Wynnwood tract; THENCE along the north line of said Tract 2 and the south line of said Wynnwood tract as follows: North 72 degrees 49 minutes 11 seconds East, 5.98 feet to a point for corner; South 45 degrees 34 minutes 44 seconds East, 302.88 feet to the POINT OF BEGINNING and containing 212,212 square feet or 4.872 acres of land. Exhibit A—Page 14 2155.010\48561.5 Exhibit "B" Revised Development Regulations for PD-18 and PD-23 The following regulations apply to the Villages in PD-18 and PD-23, The Tribute and The Tribute West, respectively. The changes made by this ordinance do not apply to any platted lot containing a single family residence as of the effective date of this ordinance. E . cd c. z CD °a_ CY o CY �a 3 cn c 8 > Q 3 c>; a c� �" Minimum 50' 50' 60' 50' 60' 80' 60' 75' 80' 50' 60' 40' 55' 48' 55' 65' 76' Lot Width (zero Alley (zero lot (zero Lot line) lot line) line) Minimum 5,000 5,000 7,000 5,000 7,000 12,000 7,000 9,000 12,000 4,750 6,000 4,400 6,200 5,000 6,200 7,400 9,000 Lot Area (SF) Minimum 100' 100' 110' 100' 110' 120' 110' 110' 120' 100' 100' 120' 120' 110' 120' 120' 120' Lot Depth Minimum 95' 95' 95' 95' 95' 110' 95' 95' 110' 95' 95' 95' 95' 95' 95' 95' 95' Lot Depth on Curve Minimum 15' 15' 15' 15' 15' 25' 15' 20' 25' 15' 15' 14' 15' 15' 15' 15' 20' Front Setback Minimum 20' 20' 20' 20' 20' 25' 20' 20' 25' 20' 20' 18' 20' 20' 20' 20' 20' Garage Setback Exhibit B —Page 1 2155.010\48561.7 z 3 0 z a) > = c Ts c 4.0 tin V a (A E U 0 y C y El o a � � % m aH L7 Ho F� Minimum 5' 5' 5' 5' 5' 8' 5' 7.5' 8' 3'/7' 5' 0'/10' 0710' 5' 5' 5' 5' Side Setback Minimum 10' 10' 10' 10' 10' 15' 10' 15' 15' 10' 10' 10' 10' 10' 10' 10' 10' Side Setback on Corner Minimum 15' 15' 15' 15' 15' 20' 15' 20' 20' 10' 15' 15' 15' 15' 15' 15' 20' rear Setback Minimum 5' 5' 5' 5' 5' 8' 5' 8' 8' 5' 5' 5' 5' 5' 5' 5' 5' Rear Setback for Patio Covers/ Gazebos Maximum 55% 55% 55% 55% 55% 55% 55% 55% 55% 60% 60% 60% 60% 60% 60% 55% 55% Lot Coverage (does not include patio covers & gazebos) Exhibit B—Page 2 2155.010\48561.7 3 0 (4 a a a> h. . ZZ "t mC CD Ce em °) CL) ° = -OA a . �' Garage 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 parking (minimum number of spaces) Driveway 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Parking (minimum number of spaces) Maximum 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' 40' Residential Building Height Notes 6 6, 9 6, 9 6, 9 6, 9 6, 9 6, 10 6, 9 6, 9 6, 9 6, 9 5, 6, 9 6, 9 7, 9 8, 9 8, 9 8, 9 Specific to a Particular Village *See the map on page 5 of this exhibit for each Village referenced in the chart above. The map is attached only for the purpose of showing Village names and locations, and all other information on the map is informational only and subject to change. Notes: 1. Original Ordinance (07-1745, adopted 12/3/07) established development standards. Exhibit B —Page 3 2155.010\48561.7 2. Ordinance 09-1798, adopted 3/2/09 added the following definition for Height: Height shall mean the vertical distance of a building measured from the average established grade at the street line or from the front building line, whichever is higher, to the highest point of the roof. 3. Ordinance 2012-1982, adopted 10/2/12, revised some of the development standards for Balmerino II. 4. Ordinance 2013-2023, adopted 9/3/13, revised some of the development standards for Aberdeen, Stonehaven, Balmerino, Lochs, Tullamore Meadows, Glen, and The Gardens. 5. Lots designed as a 40-foot alley product shall have a minimum garage setback of 18 feet and a minimum front setback of 14 feet, with porches permitted to encroach into the front yard setback a maximum of five feet. Temporary visitor parking shall also be accommodated as parallel parking on the street in front of the home. All other standards for the 40-foot alley product shall be as noted for Somerset above. 6. The minimum house size for all Villages except Tribute West is 2,000 square feet. 7. The minimum house size for Tribute West with a minimum 48-foot front lot width shall be 1,600 square feet. 8. The minimum house size for Tribute West with a minimum 55-foot front lot width shall be 1,800 square feet. 9. These villages have more than one lot type, and development regulations in this chart shall be applied to each lot based on the size of that lot as shown on the approved final plat. 10. Tullamore Meadows, Somerset, Westbury, and Tribute West shall be allowed to have model homes. Model home locations shall be identified on final plats for the Villages. Lots identified as model home locations may be developed in accordance with any of the development regulations in this chart that apply to any of these four villages. 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Wika IOW". ........ *,. .{.. , N . \ ,g• -f• .ii , I., .4.,... , ,,, ' t'' . ' 'S ' :, - -X ----- -- ' . TRIBUTE s. \ -.. - . ___. . s ,---_ __--- , - / „ ... NI \s\ .. '. Exhibit B —Page 5 2155 010\48561 7