Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Ordinance No. 357
CITY OF THE COLONY, TEXAS ORDINANCE NO. 357 AN ORDINANCE AMENDING THE COiV~PREHENSIVE ZONING ORDINANCE OF THE CIYY O1~ THE COL©I~;¥, TEXAS, ORDI- NANCE NO. 61, AS AMENDED, PASSED AND APPROVED ON JUNE 4, 1979, THE SAM]] BEING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY GRANTING A ZONING CHANGE ON CERTAIN PROPERTY WHICH IS WITHIN THE CITY OF THE COLONY, TEXAS, BEING APPROXIMATELY 457.0480 ACRES OF LAND AND MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO: ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM SF, SINGLE- FAMILY, LC, LIGHT COMMERCIAL, AND GR, GENERAL RETAIL ON THE PROPERTY AS SHOWN IN EXHIBIT "B," ATTACHED HERETO, TO BP, BUSINESS PARK ON APPROXIMATELY 228.0423 ACRES OF LAND (TRACT A); BP, BUSINESS PARK ON APPROXIMATELY 70.3956 ACRES OF LAND (TRACT B); BP, BUSINESS PARK ON APPROXIMATELY 121.7641 ACRES OF LAND (TRACT C); 0-2, OFFICE DISTRICT ON APPROXI- MATELY 20.6614 ACRES OF LAND (TRACT D); AND 0-1, OFFICE DISTRICT ON APPROXIMATELY 6.1846 ACRES OF LAND (TRACT E), ALL AS SHOWN ON EXHIBIT "C" ATTACHED HERETO; REQUIRING DEVELOPMENT OF TRACTS, A, B, C, D AND E TO BE IN ACCORDANCE WITH ALL RELEVANT REGU- LATIONS, CODES AND ORDINNACES OF THE CITY AND DEED RESTRICTIONS ATTACHED AS EXHIBIT "D"; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS 14EP. EIN MADE; PRO- VIDING A PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN ONE THOUSAND DOLLARS FOE EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON W~{ICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a chan~e in the elas~dficatior, o,* a zoning district has been requested by a person or corporatien having a proprietary interest in the property described in Exhibit "A;" and WHEREAS, the requested change was submitted to the Planning and Zoning Commission of the City of The Colony, Texas, (the "City") for its recommendation and report; and WHEREAS, the Planning and Zoning Commission of the City of The Colony, and the City Council of the City of The Colony, in compliance with the laws of the State of Texas, and with the provisions of the Comprehensive Zoning Ordinance of the City of The Colony, have given the requisite notices by publication ~nd otherwise ~nd b~ve held due hearings and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and WHEREAS, the City Council does hereby find and determine that the granting of such change in the classification of the zoning district is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Comprehensive Zoning Ordinance of the City of The Colony, Texas, Ordinance No. 61, as amended, passed and approved on June 4, 1979, the same being Appendix A of the Code of Ordinances of the City of The Colony, Texas, (the "Comprehensive Zoning Ordinance"), be and the same is hereby amended and changed in that the allowed use of property in Exhibit "A" being approximately 457.0480 acres of land and more fully described in Exhibit "A" attached hereto and incorporated herein by this reference for all purposes which in accordance with the Comprehensive Zoning Ordinace, is presently zoned SF, Single-Family, LC, Light Commercial and GR, General Retail on the property as shown in Exhibit "B," attached hereto, is changed to BP, Business Park on approximately 228.0423 acres of land (Tract A); BP, Business Park on approximately 70.3956 acres of land (Tract B); BP, Business Park on approxi- mately 121.7641 acres of land (Tract C); 0-2, Office District on approximately 20.6614 acres of land (Tract D); and 0-1, Office District on approximately 6.1846 acres of land (Tract E), all as shown on Exhibit "C" attached hereto and incorporated herein by this reference. Section 2. That the herein described property shall be used only in the manner and for the purpose by the Comprehensive Zoning Ordinance as amended herein by the granting of this zoning change. Section 3. That the Developer/Owner has offered and submitted Deed Restrictions covering the property, a copy of which are attached hereto as Exhibit "D" and is incorporated herein by this reference, which Deed Restrictions are not to be considered nor constr~!ed as conditions precedent to the granting of this zoning change but shah be conditions precedent to the granting of any Building Permit on the property described in Exhibit "A." Developer/Owner has also professed an option to purchase a one (1) acre tract to City; City has accepted the option all as contained in Exhibit "E." Section 4. That the City Manager of the City is hereby directed to correct the official zoning maps of the City to reflect the herein change in zoning. Section 5. That in all other respects the use of the tract or tracts of land herein above described shah be subject to all the applicable regulations contained in said Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City° Section 6. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration~ among other things of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 7. This ordinance shall be cumulative of all other ordinances of the City affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 8. That the terms and provisions of this ordinance shall be deemed to be se~/er~h~e ~nd that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be (~eclared to be invalid, the same shall not affect the validity of the zoning of the balance of the t,'acts or tracts of land described herein. Section 9. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00) and a separate offense shah be deemed committed upon each day during or on which a violation occurs or continues. Section 10. The fact that the present zoning ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emrgency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shah become effective from and after the date of it final passage and publication as provided by law, and it is accordingly so ordained. -2- PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this the day of , 1985. ~!~fa y/~ C i~y o~'~'-T h e ~C o 1 o ny, Texas ATTEST: [SEAL] APPROVED AS TO FORM: -3- STATE OF TEXAS ) ( COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS that: Fox & Jacobs, Inc. is the owner in fee simple of a tract of land shown as Tract E on ~Zb~_~ which is attached hereto and made a part hereof and which comprises 6.1846 acres, more or less, situated in the City of The Colony, County of Denton, State of Texas. 1) Fox & Jacobs, Inc. hereby grants to the City of The Colony (the "City") an option to purchase a one acre site located in the northwest corner of said Tract E with a minimum of 150 foot frontage along Blair Oaks Road (the "Option"). 2) Said Option shall exist for a period of three years from the date of the signing hereof. 3) This Option is given in acknowledgement of the governmental needs of the City in providing necessary services for the subject property in zoning case #_~ ....... 4) It is expressly agreed that the city shall pay Fox & Jacobs, Inc. $1.00 per square foot for said one acre site. It is further expressly agreed and understood that the price of such one acre site shall increase one percent per month whether whole or partial, from July 1,.1985 until the Option is exercised. 5) This Option shall be closed within thirty days of the receipt of the notice to exercise this Option. 6) Fox & Jacobs, Inc. shall pay for the survey and for the title policy. The City shall be responsible for all other closing costs. Fox & Jacobs, Inc. shall deliver a special warranty deed to City. 7) City acknowledges that neither Fox & Jacobs, Inc. nor any employee, representative or agent of Fox & Jacobs, Inc. has made any representations or warranties, express or implied as to the property covered by this Option. City will accept this property in an "AS IS" condition, without warranty as to any matter whatsoever. City releases Fox & Jacobs, Inco from any claim whatsoever that may now or in the future arise from the condition of the property. City acknowledges it has had an opportunity to inspect the property and is familiar with its condition. 8) The City represents that no broker has been employed or retained on its behalf in this transaction. 9) This Option may not be assigned. 10) Time is of the essence. 11) The City expressly agrees and represents that said property shall be used only to erect a municipal use facility. It is understood that a municipal use facility may consist of offices, police, fire, utility and associated service facilities necessary for services commonly rendered by cities. Said term does not include waste or sanitation department purposes or other noxious uses. Notice of the intention to exercise this option shall be given by the City to Fox & Jacobs directed to its offices at 2800 Surveyor Blvd., Carrollton, Texas 75016 and shall be given by registered or certified mail. Fox & Jacobs agrees that upon receipt of this notice of the exercise of option by the City, that it shall cause said Tract E to be promptly and properly surveyed and a one acre site in the northwest corner of said property to be designated and shall further cause a reputable title company to prepare a title insurance commitment and to promptly schedule a closing thereon to consummate said transaction. IN WITNESS WHEREOF, Fox & Jacobs, Inc. has caused these presents to be executed by its proper corporate officers on this _3~r_~ .... day of July 1985. A,~test: /1 FOX Ra~-%5-~5~ ...... Printice L. Gary Aspirant Secretary Its President (Seal) IN WITNESS WHEREOF, the City of The Colony has caused these presents to be signed and duly executed by its proper officers acting by and~_t~rough the authority of its common council as of this ~-==~_day of o~ 1985.· It~Mayor orm and content by: .......... 850702 EXHIBIT "A" BEGINNING at the most southern portion of a corner clip at the intersection of the west right-of-way line of FM 423 (a variable width Right-of-way) and the north right-of-way of S.H. (a variable width right-of-way); THENCE South 51° 16' 18" West, along the north right-of-way of S.H. 121 a distance of 381.52 feet to a point; THENCE South 75° 58' 35" West, along the north right-of-way of S.H. 121 a distance of 3.67 feet to a point; THENCE North 80° 21' 20" West, along the north right-of-way of S.H. 121 a distance of 78.77 feet to a point; THENCE South 63° 21' 19" West, along the north right-of-way of S.H. 121 a distance of 103.30 feet to a point; THENCE South 31° 07' 27" West, along the north right-of-way of S.H. 121 a distance of 121.31 feet to a point; THENCE South 61° 18' 07" West, along the north right-of-way of S.H. 121 a distance of 306.75 feet to a point; THENCE South 89° 34' 00" West, along the north right-of-way of S.H. 12] a distance of 145.92 feet to a point; THENCE South 07° 58' 17" East, along the north right-of-way of S.H. 121 a distance of 73.88 feet to a point; THENCE South 61° 18' 07" West, along the north right-of-way of S.H. 121 a distance of 600.00 feet to a point; THENCE South 57° 00' 46" West, along the north right-of-way of S.H. 121 a distance of 200.56 feet to a point; THENCE South 61° 18' 07" West, along the north right-of-way of S.H. 121 a distance of 1795.02 feet to a point for corner said point being the intersection of the City of Lewisvil]e Corporate Boundary and the north right-of-way of S.H. 121; THENCE North 00o 05' 23" West, along the City of Lewisville Corporate boundary a distance of 2~81.11 feet to a point in Office Creek; THENCE North 84° 57' 22" East, along Office Creek a distance of 253.07 feet to a point; THENCE North 71° 19' 19" East, along Office Creek a distance of 233.77 feet to a point; THENCE South 75° 19' 33" East, along Office Creek a distance of 175.45 feet to a point; THENCE North 52° 32' 57" East, along Office Creek a distance of 96.18 feet to a point; THENCE South 65° 33' 05" East, along Office Creek a distance of 56.40 feet to a point; THENCE North 38° 54' 07" East, along Office Creek a distance of 104.00 feet to a point; THENCE North 21° 13' 30" West, along Office Creek a distance of 55.44 feet to a point; THENCE North 57° 27' 30" East, along Office Creek a distance of 183.46 feet to a point; THENCE North 32° 13' 00" East, along Office Creek a distance of 177.75 feet to a point; THENCE North 70° 39' 28" East, along Office Creek a distance of 346.39 feet to a point; THENCE North 22° 41' 05" East, along Office Creek a distance of 151.49 feet to a point; THENCE North 59° 56' 53" East, along Office Creek a distance of 182.07 feet to a point; THENCE North 28° 44' 00" East, along Office Creek a distance of 193.89 feet to a point; THENCE North 81° 01' 27" East, along Office Creek a distance of 254.61 feet to a point; THENCE North 64° 56' 22" East, along Office Creek a distance of 335.50 feet to a point; THENCE North 28° 39' 47" West, a distance of 792.44 feet to a point; said point being the beginning of a curve to the right having a radius of 315.00 feet, a central angle of 65° 29' 10" an tangent length of 202.56 feet, a chord bearing of North ~4o 04' 48" East, and a chord distance of 340.75 feet; THENCE along said curve to the right an arc distance of 360.03 feet to a point; THENCE North 36° 49' 23" East, a distance of 151.91 feet to a point, said point being the beginning of a curve to the left having a radius of 195.00 feet, a central angle of 36° 46' 18", a tangent length of 64.78 feet, a chord bearing of North 18° 26' 44 East and a chord distance of 122.96 feet; THENCE along said curve to the left an arc distance of 125.09 feet to a point; THENCE North 00o 04' 05" East, a distance of 673.95 feet to a point for corner; THENCE South 89° 55' 55" East, a distance of 537.31 feet to a point said point being in the west right-of-way of FM 423; THENCE South 00o 10' 10" West, along the west right-of-way of FM 423 a distance of 69.70 feet to a point said point being the beginning of a curve to the left of the west right-of-way of FM 423 having a radius of 2919.93 feet, a central angle of 06° 45' 57", a tangent length of ]72.60 feet, a chord bearing of South 03° 12' 49' East and a chord distance of 344.60 feet; THENCE along said curve to the ]eft of the west right-of-way of FM 423 an arc distance of 344.80 feet to a point; THENCE South 06° 35' 47" East, along the west right-of-way of FM 423 a distance of 507.30 feet to ~ point; -2- THENCE South 22° 12' 52" West, along the west right-of-way of FM 423 a distance of 114.13 feet to a point; THENCE South 06° 35' 47" East, along the west right-of-way of FM 423 a distance of 395.00 feet to a point; THENCE South 30° 14' 44" East, along the west right-of-way of FM 423 a distance of 137.11 feet to a point; THENCE South 06° 35' 47" East, along the west right-of-way of FM 423 a distance of 75.77 feet to a point; THENCE South 01o 36' 34" West, along the west right-of-way of FM 423 a distance of 267.60 feet to a point; THENCE South 00° 11' 55" East, along the west right-of-way FM 423 a distance of 24.42 to a point, said point being the beginning of a curve to the left of the west right-of-way of FM 423 having a radius of 2974.79 feet, a central angle of 04o 33' 21", a tangent length of 118.33 feet, a chord bearing of South 14° 27' 07" East, and a chord distance of 236.47 feet; THENCE along said curve to the left of the west right-of-way of FM 423 an arc distance of 236.53 feet to a point; THENCE South 47o 39' 05" East, along the west right-of-way of FM 423 a distance of 110.00 feet to a point said point being the beginning of a curve to the left of the west right-of-way of FM 423 having a radius of 2919.79, a central angle of 10o 04' 53", a tangent length of 257.53 feet, a chord bearing of South 23° 37' 21" East, and a chord distance of 513.08 feet; THENCE along said curve to the left of the west right-of-way of FM 423 an arc distance of 513.74 feet to a point; THENCE South 28° 39' 47" East along the west right-of-way of FM 423 a distance of 1353.09 feet to a point, said point being the northern portion of a corner clip at the northwest corner of FM 423 and S.H. 121; THENCE South 16° 20' 13" West along the said corner clip a distance of 94.42 feet to the POINT OF BEGINNING and containing 228.0423 acres (9,933,524 square feet) of land, more or ]ess, AND BEGINNING at the northwest corner of Blair Oaks Road (a 60.00 foot right-of-way) and S.Ho 121 (a variable width right-of-way); THENCE South 61° 16' 18" West, along the north right-of-way of S.H. 121 a distance of 1655.74 feet to the most southern portion of a corner clip at the southeast corner of FM 423 (a 110.00 foot right-of-way) and S.H. 121; THENCE North 88° 41' 47" West, a distance of 43.03 feet to complete the corner clip; THENCE North 28° 19' 47" West, along the east right-of-way of FM 423 a distance of 1413.12 feet to a point, said point being the beginning of a curve to the right of the east right-of-way of FM 423 having a radius of 2809.79 feet, a central angle of 11o 59' 31", a tangent length of 295.12 feet, a chord bearing of North 22° 40' 02" West and a chord distance of 587.01 feet; -3- THENCE along said curve to the right of the east right-of-way of FM 423 an arc distance of 588.08 feet to a point; THENCE North 04° 06' 24" West, along the east right-of-way of FM 423 a distance of 99.75 feet to a point for corner; THENCE North 12° 05' 35" West, along the east right-of-way of FM 423 a distance of 140.59 feet to a point for corner; THENCE North 61° 31' 05" East, leaving the east right-of-way of FM 423 a distance of 12.28 feet to a point said point being in Office Creek; THENCE South 73° 17' 29" East, along Office Creek a distance of 32.64 feet to a point; THENCE South 76° 09' 37" East, along Office Creek a distance of 237.06 feet to a point; THENCE South 81° 31' 20" East, along Office Creek a distance of 238.08 feet to a point; THENCE North 79o 37' 48" East, along Office Creek a distance of 303.80 feet to a point; THENCE North 86° 08' 31" East, along Office Creek a distance of 159.09 feet to a point; THENCE South 64° 00' 00" East, along Office Creek a distance of 46.39 feet to a point; THENCE South 53° 05' 56" East, along Office Creek a distance of 129.63 feet to a point, said point being the beginning of a curve to the right having a radius of 1410.00 feet, a central angle of 23° 07' 34", a tangent length of 288.48 feet, a chord bearing of North 54° 45' ]1" East and a chord distance of 565.26 feet; THENCE along said curve to the right of Office Creek an arc length of 569.11 feet to a point; THENCE North 66° 18' 58" East, along Office Creek a distance of 86.45 to a point in the west right-of-way of Blair Oaks Road, and the beginning of a curve to the left having a radius of 530.00 feet, a central angle of 24° 27' 23", a tangent length of 114.86 feet, a chord bearing of South 16° 30' 01" East and a chord distance of 224.51 feet; THENCE along said curve to the left of the west right-of-way of Blair Oaks Road an arc distance of 226.23 feet to a point; THENCE South 28° 43' 42" East, along the west right-of-way of Blair Oaks Road a distance of 1399.12 feet to the POINT OF BEGINNING and containing 70.3956 acres (3,066,434 square feet) of land, more or less, AND BEGINNING at the northeast corner of Blair Oaks road (a 60.00 foot right-of-way) and S.H. 121 (a variable width right-of-way); THENCE North 28° 43' 42" West, along the east right-of-way of Blair Oaks Road a distance of 1399.12 feet to a point, said point being the beginning of a curve to the right of the east right-of-way of Blair Oaks Road, having a radius of 470.00 feet, ~ central angle of 29° 22' 02", a tangent length of 123.16 feet, a chord bearing of North 14° 02' 41" West and a chord distance of 238.27 feet; -4- THENCE along said curve to the right of the east right-of-way of Blair Oaks Road an arc distance of 240.90 feet to a point; THENCE North 00o 38' 20" East, along the east right-of-way of Blair Oaks Road a distance of 256.44 feet to a point, said point being the beginning of a curve to the right of the east right-of-way of Blair Oaks Road, having a radius of 470.00 feet, a central angle of 28° 55' 26", a tangent length of 121.22 feet, a chord bearing of North 15° 06' 03" East and a chord distance of 234.75 feet; THENCE along said curve to the right of the east right-of-way of Blair Oaks Road, an arc distance of 237.26 feet to a point; THENCE North 29° 33' 46" East, along the east right-of-way of Blair Oaks Road a distance of 608.18 feet to a point for corner; THENCE North 89° 45' 40" East, leaving the east right-of-way of Blair Oaks Road a distance of 2576.14 feet to a point in the west right-of-way of Paige Road (a 100.00 foot right-of-way); THENCE South 00o 02' 52" East, along the west right-of-way of Paige Road a distance of 811.02 feet to a point, said point being the beginning of a curve to the left of the west right-of-way of Paige Road, a radius of 766.20 feet, a central angle of 28° 41' 24", a tangent length of 195.94 feet, a chord bearing of South 14° 23' 34" East and a chord distance of 379.67 feet; THENCE along said curve to the left of the west right-of-way of Paige Road an arc distance of 383.66 feet to a point; THENCE South 28° 44' 16" East, along the west right-of-way of Pa}ge Road a distance of 9.50 feet to a point, said point being the northwest corner of Paige Road and S.H. 121; THENCE South 64° 34' 33" West, along the north right-of-way of S.H. 121 a distance of 176.87 feet to a point; THENCE North 54° 24' 35" West, along the north right-of-way of S.H. 121 a distance of 109.29 feet to a point; THENCE South 01o 40' 54" West, along the north right-of-way of S.H. 121 a distance of 32.08 ft. to a point; THENCE South 33° 23' 23" West, along the north right-of-way of S.H. 121 a distance of 155.01 feet to a point; THENCE South 58o 46' 46" West, along the north right-of-way of S.H. 121 a distance of 325.05 feet to a point; THENCE South 61° 16' 18" West, along the north right-of-way of S.H. 121 a distance of 1934.80 feet to the POINT OF BEGINNING and containing 121.7641 acres (5,304,044 square feet) of land, more or less, AND BEGINNING at a point in the west right-of-way of Paige Road (a 100.00 foot right-of-way) said point being approximately 1200 feet north of the intersection of S.H. 121 and Paige Road; THENCE North 89° 45' 40" West leaving the west right-of-way of Paige Road a distance of 2576.14 feet to a point in the east right- of-way of Blair Oaks Road (a 60.00 foot right-of-way); -5- THENCE North 29° 33' 46" East, along the east right-of-way of Blair Oaks Road a distance of 213.06 feet to a point, said point being the beginning of a curve to the left of the east right-of-way of Blair Oaks Road, having a radius of 530.00 feet, a central angle of 22° 47' 18", a tangent length of 106.81 feet a chord bearing of North 18° 10' 07" East and a chord distance of 209.41 feet; THENCE along said curve to the left of the east right-of-way of Blair Oaks Road an arc distance of 210.80 feet to a point for corner; THENCE South 89° 45' 40" East, leaving the east right-of-way of Blair Oaks Road a distance of 1820.33 feet to a point for corner; THENCE South 00o 14' 20" West, a distance of 85.00 feet to a point for corner; THENCE South 89° 45' 40" East, a distance of 517.76 feet to a point; THENCE North 71° 37' 18" East, a distance of 24.66 feet to a point, said point being the beginning of a curve to the ]eft, having a radius of 870.00 feet, a central angle of 00o 20' 13", a tangent length of 2.56 feet, a chord bearing of South 19° 02' 27" East and a chord distance of 5.12 feet; THENCE along said curve to the left an arc distance of 5.12 feet to a point, said point being in the west right-of-way of Paige Road and the beginning of a curve to the right having a radius of 770.00 feet, a central angle of 19° 09' 41", a tangent length of 129.97, a chord bearing of South 09° 37' 43" East and a chord distance of 256.31 feet; THENCE along said curve to the right of the west right-of-way of Paige Road an arc distance of 257.51 feet to a point; THENCE South 00o 02' 52" East, along the west right-of-way of Paige Road, a distance of 50.52 feet to the POINT OF BEGINNING and containing 20.6614 acres (1900.011 square feet) of land, more or ]ess, AND BEGINNING at a point in the east right-of-way of Blair Oaks Road (a 60.00 foot right-of-way) approximately 135 feet south of Glen Arbor Road, said point being the beginning of a curve to the left of the east right-of-way of Blair Oaks Road having a radius of 530.00 feet, a central angle of 06° 46' 46", a tangent length of 31.39 feet, a chord bearing of North 03° 23' 05" East and a chord distance of 62.68 feet; THENCE along said curve to the left of the east right-of-way of Blair Oaks Road an arc distance of 62.71 feet to a point; THENCE North 00o 00' 18" West, along the east right-of-way of Blair Oaks Road a distance of 71.33 feet to a point for corner; THENCE North 89° 59' 42" East, leaving the east right-of-way of Blair Oaks Road a distance of 84.92 feet to a point for corner; THENCE North 47° 02' 12" East, a distance of 22.97 feet to a point for corner; THENCE Sooth 89° 45' 40" East, a distance of 1699.74 feet to a point for corner; -6- THENCE South 00° 14' 20" West, a distance of 110.00 feet to a point for corner; THENCE South 89o 45' 40" East, a distance of 15.79 feet to a point for corner; THENCE South 00o 14' 20" West, a distance of 40.00 feet to a point for corner; THENCE North 89° 45' 40" West, a distance of 1820.33 feet to the POINT OF BEGINNING and containing 6.1846 acres (269.399 square feet) of ]and, more or less. -7- EXHIBIT "B" EXHIBIT "C" EXHIBIT 'C" cont. -2- EXHIBIT "C" cont. -3- EXHIBIT "C" cont. -4- EXHIBIq £' eont. -5- EXHIBIT "C" cont. -6- DECLARATION OF PROTECTIVE COVENANTS 23rd da This Declaration is made this ...... y of 3uly 1985 by Fox & Jacobs, Inc., a Nevada corporation having an office at 2800 Surveyor Blvd., Carrollton, Texas 75016 ("Declarant"). Declarant is the owner in fee of five tracts of land in Denton County, Texas. The first tract, described as Tract A, comprises ~228.0423 acres, more or less. The second tract, described as Tract B, comprises 70.3956 acres, more or less. The third tract, described as Tract C, comprises 121.7641 acres, more or less. The fourth tract, described as Tract D, comprises 20.6614 acres more or less. The fifth tract, described as Tract E, comprises 6.1846 acres, more or less. These tracts which together comprise 447 acres, more or less are hereinafter referred to as the "Property" and are more fully shown on the attached ~Z~__b, which is made a part hereof for all purposes. Declarant desires to impose certain conditions and restrictions upon the development of the Property. NOW THEREFORE, Declarant, as owner of the Property, for itself and its successors and assigns, declares as follows: 1) No permanent or temporary structure, building, or improvement of any kind whatsoever shall be erected or maintained or be permitted, suffered or allowed on any portion of the area marked on Exhibit A as "Landscape Easement". It is the express declaration and intention of the Declarant tb insure that this 50 foot strip is preserved as open space. The "Landscape Easement" will be maintained by the appropriate !and owner or owners. 2) As a condition for the development of Tract E, a solid masonry f~nce shall be installed and maintained to a height of six feet by the Declarant. Said masonry fence shall be installed along the entire north boundary line of Tract E. 3) For the purpose of this Declaration, a story shall be 11 1/2 feet from finish to finish, as defined by the Zoning Code, Section 25, of the City of The Colony (the "City"), Definition ~3. 4) Tract E shall have a building setback line of 60 feet from the north property line of said tract. 5) No permanent or temporary structure or building of any kind whatsoever shall be installed or maintained or permitted, suffered or allowed on any portion of Tract E that exceeds one story in height. No permanent or temporary structure, building or improvement of any kind shall exceed four (4) stories in height on the south 192 feet of Tract D. Additionally, no permanent or temporary structure, building or improvement of any kind shall exceed two (2) stories in height on the remaining portion of Tract D. By way of further restriction, there is imposed on a portion of the northern half of Tract D a Height Restriction Area. Within said Height Restriction Area no permanent or temporary structure, building or improvement of any kind shall exceed (1) story in height. Said Height Restriction Area is delineated with diagonal slashes on Exhibit A and is an area 100' deep wrapping the NE corner of Tract D. 6) Declarant shall dedicate at no cost to the city a 120 feet right-of-way for a thoroughfare generally as shown on the attached Exhibit A. The right-of- way shall be dedicated within 120 days from the execution of this Declaration. The Declarant shall, subject to the approval of the city, have the right to alter the location of said right-of-way in order to accomodate actual development, provided the alignment is generally in conformity with Exhibit A. Declarant irrevocably commits itself to start install- ing the road in Tracts B and C on said right-of-way within the following time constraints: (i) within r five years of the passage of City Ordinance # ...... ~ which passed on the ~5[_day of _~lj ..... , 1985, (ii) upon the aproval by the City of the site plans for the development of 30% of the land located in Tract A or (iii) upon the approval by the city of the site plans for the development of 30% of the land located in Tracts B and C or (iv) upon the conveyance to a third party not related to Declarant or the City, of 30% of the land located in Tracts B and C. Said proposed road shall be constructed in strict accordance with the earliest happening of items i, ii, iii, or iv. Declarant further irrevocably commits itself to begin installation of the road through Tract A on said right-of-way upon the first to occur of: (v) the approval by the City of the site plans for the development of 30% of the land in Tract A, or (vi) the conveyance to a third party not related to Declarant or the City of 30% of the land in Tract A. Said proposed road shall be constructed in strict accordance with the earliest happening of items v or vl. Declarant shall use its best efforts to construct the road or either portion thereof within one year of the happening of any of the six enumerated events in the preceeding paragraphs. Declarant shall further post a performance bond payable to the city to insure the performance of all such work. Said bond shall be in the usual and customary form. A specimen is attached hereto for illustration purposes only. It is understood that such bond shall be renewed as may be required by its issuer. Declarant, upon completion of a portion of the improvements may subsequently substitute a new bond to reflect the cost of the balance of the work remaining to be performed. Such subsequent bond shall be in an amount equal to the estimated cost of the remainder of the unfinished work. It is agreed the orqinial amount of the bond shall be in the amount of _ 5333 o_o3 .......... At the time the roads are to be constructed, Declarant shall retain a traffic engineer, approved by the city, who shall submit an appropriate traffic study to the city relative to the levels of improvements needed within said right-of-way. City shall review said traffic study as part of its decision process and ruling on the scope of the improvements required. The said improvements to be constructed within the right- of-way shall be provided in the following manner: a minimum of four regular driving lanes and provisions for adequate and acceptable left turn lanes shall be constructed. All construction costs shall be borne by the Declarant. 7) A strip of land 125 feet deep on the northern edge of the right-of-way for State Highway 121 as shown on Exhibit A shall be dedicated at no cost or expense to either the City or the State of Texas at the time the State Department of Highways and Transportation formally requests same. Said strip is located between Paige Road on the east and the property line of Declarant on the west. 8) Declarant further reserves the right to develop an open space along the banks of "Office Creek" west of Blair Oaks Road and continuing along the channel of such creek until it connects Lake Lewisville. Declarant further states that in the development of said land between Blair Oaks Road and Lake Lewisville that Declarant may be required to re- slope the banks of said Office Creek and possibly to remove certain of the trees and other vegetation in that vicinity to control flooding and overflows of the creek and lake. Declarant intends to preserve the open space presently existing in the area but it may be necessary to remove certain trees and trench along the creek. It is recognized and understood that it may be necessary for changes to be undertaken in order to .insure the business park development of the area. All develo~ent plans that affect drainage shall be submitted to the City for review and approval. 9) Declarant reserves the right to sell, mortgage, hypothecate, convey, assign, pledge or transfer the Property or any portion thereof, or any interest therein, subject to these protective covenants. 10) The restrictions, benefits and obligations hereunder shall create benefits and servitudes upon the Property, running with the land thereof and shall be perpetual. Every grantee accepting a deed to any interest in any portion of the Property shall be deemed to accept the same with the understanding that each such conveyance is subject ot the provisions of this Declaration and to the same extent as if the provisions of this Declaration had been fully recited and set forth in their entirety, and such deed shall be binding upon each grantee and its heirs, personal representatives, successors and assigns. 11) The liability of any owner of any portion of the Property for any obligations hereunder shall terminate with respect to each portion conveyed upon its conveyance of its fee simple interest to another party, except for the obligation to build the road set out in paragraph 6, but only as to such obligations that shall not have arisen at the time of such conveyance; it being expressly understood that whether or not such grantee expressly assumes such obligations, such grantee and all subsequent grantees and their heirs, personal representatives, successors and assigns shall nonetheless be fully bound hereby. 12) This Declaration and all conditions, restrictions, rights, obligations and benefits arising hereunder shall be subject and subordinate to all easements and other matters of record on the date hereof. 13) It is expressly declared and understood that these protective covenants may be enforced by the City. 14) If the application of any term or provision of this Declaration to any person or circu~tance shall, to any extent, be or be held invalid or unenforceable, the remaining terms and provisions of this Declaration and the application of any or all of the other terms and provisions of this Declaration to any person or circumstances, other than those as to which it was held invalid or unenforceable, shall not be affected, it being intended that each term and provision of this Declaration shall be deemed valid and enforceable to the fullest extent permitted by law. 15) The provisions of this Declaration may be abrogated, modified, rescinded or amended (the act of doing so being hereinafter referred to as "alterations"), in whole or in part, only with the written consent of the owner or owners of all of the land contained in each separate tract herein which is directly touched by such alteration. It is further understood and agreed that the consent of the City shall be necessary for any alteration hereunder and City shall execute same. An alteration will be made in a declaration in writing executed by said owners and duly recorded in the public records of Denton County, Texas. This Declaration shall not otherwise be abrogated, modified, rescinded or amended in whole or in part. IN WITNESS WHEREOF, Declarant has caused these presents to be signed and duly executed by its proper corporate officers, and its corporate seal affixed hereto, as of the day and year first above written. At,est: ~ FOX & JACOBS. INC ..... --7 ...... Printice L. Gary Ass~°s~n~'Se~ry its President (Seal) STATE OF TEXAS ) ( COUNTY OF DALLAS ) ( Before me, the undersigned authority on this day personally appeared Printice L. Gary, President of Fox & Jacobs, Inc., a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed'of said corporation. Given under my hand and seal of office on this 23rd day of 3uly, 1985. Notary Public in Dallas County, Texas Notary's prated name My commission e~pire~: ~~tent 850624