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1999-257 %(+$1$%$1$-"$%.1, 99257 7 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.200020006/06/00JR AmendedbyOrdinanceNo.200021606/20/00JR AmendedbyOrdinanceNo.200306202/18/03JR AmendedbyOrdinanceNo.200930212/01/09JR AmendedbyOrdinanceNo.201025410/05/10JR AmendedbyOrdinanceNo.201307603/19/13JR AmendedbyOrdinanceNo.201318207/16/13JR NOTE~: Amended by Ordinance No 2000-200. Amended by Ordinance No. 2000-216. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDiNG FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 65 17 ACRES OF LAND GENERALLY LOCATED SOUTH OF NOWLIN ROAD ON THE EAST SIDE OF FM 2181 (TEASLEY LANE ) GENERALLY OPPOSITE HICKORY CREEK ROAD, PROVIDING FOR A PENALTY iN THE MAXIMLrM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTWE DATE (Z- 99-025) WHEREAS, Ben Plnnell on behalf ofPmnell / Ford, Inc has apphed for a change in zomng for 65 17 acres of land from Agricultural (A) zomng dmtnct clasmficatlon and use demgnatlon to Planned Development (PD) zoning district clasmficatlon and use demgnaUon, and WHEREAS, on June 9, 1999, the Planmng and Zomng Commission recommended approval of the requested change m zoning, and WHEREAS, the City Council finds that the change ~n zomng will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategms and Plan, NOW, THEREFORE, THE COIJNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the zoning dssmct clasmficatlon and use deslgnatton of the 65 17 acre property as described m the legal desenptton attached hereto and incorporated hereto as Exhibit A ts changed from Agricultural (A) zomng dlsmct clasmficatlon and use designation to Planned Development (PD) zoning dxsmct clasmfieatlon and use designation under the comprehensive zomng ordinance of the City of Denton, Texas ~ That Exhibit B, attached hereto and incorporated herein by reference, ts approved,as the Concept Plan for tins Dmtnct, subject to the following eondmons 1 That penmtted land uses and resmct~ons for Tracts 1 and 2 shall be those permitted tn an SF-10 zoning district and as ehg~ble for land uses permitted with a Specific Use Permit in an One-family dwelhng (SF-10) zomng district 2 The PD reqmrements for Tract 3 are attached hereto and tncorporated hereto by reference as Exhibit C That permitted land uses for Tract 3 shall be those permitted an an SF-7 zomng chstnct and as ehglble for land uses permitted with a Specific Use Penmt m an One-family dwelhng (SF-7) zomng dasmct prowded that the maximum density for tract 3 shall be 140 one-family dwelhng umts 3 That permitted land uses and restrictions for Tract 4, a 0 082 acre (approximately 60 foot by 60 foot) area, be restricted to a telecommumcattons tower PAGE 1 4 That Exhibit D - Top of the Hill Subd~wslon - is attached hereto and incorporated hereto by reference to be used as a grade for the final or detailed plan open space reqmrements ~ That the City's official zoning map is amended to show the change in zoning dmmct classfficatxon SECTION 4 That any person vlolat~ng any provision of thl$ ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision ofth~s ordanance is wolated shall constitute a separate and distract offense ~ That th~s ordinance shall become effective fourteen (14) days from the date of~ts passage, and the City Secretary ~s hereby d~rected to cause the caption ofth~s ordinance to be pubhshed twice in the Denton Record-Chromcle, a daffy newspaper pubhshed in the C~ty of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the ,ff ~-~day of~, 1999 JACK~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ~t'~ e:~Z e~ J PAGE 2 EXHIBIT A ALL THAT CERTAIN TRACT O~ PARCEL OF LAND LYING AND ~ING SITUATED IN THF BERRy MERCHANT ~URVEY, A~TRACT No. $00. O~NTON COUNTY, TEXA~ AND BEING PART OF A TRA~ OF s,.,~O DESCRIBED IN A DELED ;ROM MAGGIE K I'EAGu~ 'FO MA~ LE~ LMNG TRUST. rILeD OCTOBER 12 Igg$ RECORDEO IN C'~UNI¥ ~L~I~K'$ F1LE NO 93-~T2122, R~ PROP~ REC~, DEaN ~U~, ~, ~O ~ING UORE PART~LY D~CRIB~ ~ FOL~ B~OlNNING AT A S~ 1/2 INCH I~N ROD AT A CORNER POST AT THE SOUTH~ST CORNER ~ A ~ OF ~b ~BEO I~ A D~D L JEST~ et ux, RE~R~ IN ~ C~RK~ ~LE Na 9~-R~TZ123. ~L PROPE~ RE~S, OENTOH ~U~, ~, ON THE ~ ~-WAvOr FM R~ 2181, ~E~E SO~ 8~ OEOR~ 37 MINU~ ~ SECON~ ~T SO~H UNE OF ~D J~ER ~, A DIST~CC OF 6~7~ ~ TO A S~ 1/2 ~NCH IR~ ROD AT A ~ ~RNER PO~, AT ~ SOU~ CORNE~ OF ~D J~ER ~GE NO~ ,04 DE0~S 2~ ~ ~& ~NDS ~T ~ UNE O~ ~D d~R T~, P~SI~ AT ~8S.51 ~ ~E NOR~T CO~NER O~ ~D ~R ~:T. ~INUI~ A TOT*L 0~ST~GE OF 5~ 2A ~ TO A ~ 1/2 INCH IRON ROD. 0N ~E HO~ LINE ~ ~D D~RI~ED tN A ~ ~ M~L WHE~q ~ ax RECORDED IN ~LUM[ PAGE 2~0, O~ ~RD$, DENTON ~U~, TE~, tN ~E M~DOLE O~ NOWUN RO~, THENCC SO~ 8g DE~ 45 Ulh~ ~ ~ ~T. WffH aO~ UNE OF ~O ~G ~[ ~NG TR~ ~. ~D THE ~ OF ~O WHERE ~, A ~STANCE OF 17~ ~ TO A S~ I~H ~RON ~ AT ~E ~ ~R~R ~ ~D ~G ~E LMNG IN A DEED ~ MEL ~ ~ ~. ~RO~ IN VOLUME 10~. P~E 17 DE~ RECORDS. DE~ON ~. ~. ~ ~ C,1 DEGR~ 12 ~S 57 ~C~D5 ~. WffH U~ OF ~D ~ ~E LMNG ~ T~T, n OIST~CE ~ 1~08.~ ~ ~ A ~ 1/2 INCH ~ON ~ AT A F~CE CORN~ PO~. AT THE SO~ CO~ ~ ~ ~[ ~ ~U~ T~T, AT THE NO~ ~NE~ OF A ~CT Or ~O DESCRtB~ IN A ~EO TO V. FOR~, ~ ~RO~ IN ~UME 6~ PAGE ~21. ~ED RECORDS, D~N ~U~, ~, ~ENCE N~ 8g DEGREES 47 MIN~S 20 ~COND~ ~ST, ~H ~E ~O~H UNE ~ ~D ~G ~ ~NG TRU~ ~CT. ~0 ~E NO~ UNE or ~O LONG ~CT.*01~2~56 ~TO n~ ~/2 'aCH lEON ~O ~T A ~ ~RN~ ~, ~ ~E~ ~G~-OF-WAY OF ~ 2181 THENCE NORTH O0 DE~EE~ 38 MINUTES 58 SF. CONOS WEST, WITH TH[ FAST RIGHT-Or-WAY OF F,M ROAD 2181, A DISTANCI[ Or 772 4~ FEET TO TH[ POINT OF BEGINNING AND CONTAINING IN ALL 65 1741 ACRES OF LAND SURVL~OR'S CER~FICAT~ EXHIBIT B TBIT 1~& ~ A3']SY~ L,, ,.J EXHIBIT C PD REQUIREMENTS FOR TOP OF THE HILL SUBDMSION TRACT 3 Th~-fol-rO-wlng shall apply to the single family I~ortton of the PD for the Top of the Hill sulxIMsion: Maximum Area Density The maximum allowable density shall be 4.0 units per gross acre, Including perimeter and collector streets as well as open space. A minimum of 5 ¥o of the land area shall be open space, Including parks, amenity centers, common pathways and entry features. All open space areas shall be maintained by a Homeowner's Association to be estabhshed by the developer, with a requirement for a periodic assessment adequate to maintain all land, landscaping and other Improvements. ~rea) for lots measuring less than 60 feat at the front building line. 1,800 Square Feet ( a~r conditioned area) for lots measunng 60+ feet at the front building tine. aullderlna Coveraee Ratio 50% or less for lots less than 60 feet wide at the front building hne. 40% or less for lots equal to or greater than 60 feet wide at the front building line. Maximum Floor Area/Lot Area Ratiq. 35% ~ttachecl two car garage per dwelling umt A full width driveway of a minimum width of 16 feet shall be provided Minimum Fr,~nt Yard Twenty (20) Minimum Year Ten (lO) feet. ~rd stories Minimum Side Yard Setback A minimum of five (5) feet on each side of the lot Minimum Lot i,d, h, Rfty (50) feet at the front building line. ~ Hundred and Iqffy (5,750) Square Feet Minimum Roof Pitch The minimum roof pitch shall be 5:12 Qealan Reaulremem:s for Re~lc~n~iai Fencina Fences visible from public areas shall be built w~th the "good side" facing the public view. A specific fence design shall be required for all homes so that the streatscape has continuib/. Berms The use of berms Is encouraged for use In screemng and buffenng, and berms shall have a maximum slope of 1:3 wJ~ a gently rounded top PAGE 1 OF 2 There shall be a minimum of one (1) street tree for every 30 linear feet of lot frontage, with each tree a minimum of two (2) ~n be utilized for caliper Inches. No more than one ~.e. community shall have at lea~ one (t) "pocket park", linked to other areas me community by linear common area "strips". Where possible, linear linkage shall tie to adjoining projects having common elements. A landscaped ~buffer st31p' shall be provided with a minimum width of:tO feet adjoining the rights of way for Hickory Creek Road and the future FN 2499. PAGE 2 OF 2 EXHIBIT D ENCLOSURE 1 [-99-025 (Top of the Hill Subdivision) NORTH VICINITY MAP ~ ' Scale: None Agenda Date: June 9, 1999 11 ORDINANCE NO ~(~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99- 257 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 0 08 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 172 (PD-172) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF THE INTERSECTION OF NOWLIN ROAD AND NOWLIN ROAD, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMLrM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-00-007) WHEREAS, on;August 3, 1999, by Ordinance 99-257, the C~ty Council approved a change in zomng for 65 17 acres of land to Planned Development 172 (PD-172) Zomng Dmtnct, and Vv-i-IEREAS, the aforementioned Ordinance 99-257 specifically dethcated a 0 082 acre parcel of PD-172 for a telecommtm~cat~ons tower site, and WHEREAS, on April 11, 2000, Masterplan, on behalf of PnmeCo Personal Commumcat~ons, submitted a Detmled Plan for the aforementioned 0 082 acre s~te with the intent to place an eqmpment bmldlng on the telecommumcations tower site, and WHEREAS, on May 10, 2000, the Planning and Zomng Commission recommended approval of a Detmled Plan for such 0 082 acre, and WHEREAS, the City Council finds that the Detmled Plan is consistent with the approved amended Concept Plan for PD-172, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance No 99-257 providing for the approval of a Planned Development Zomng Dmtnct Classfficat~on and Use Designation for the property described as PD-172 ~s amended by approving the Detmled Plan attached hereto and ~ncorporated herein by reference as Exhibit B for 0 082 acre located w~tNn PD-172, more partmularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, and subject to the following condition I L~ghtlng on the property shall be designed and malntmned so as not to shine on or otherwise thsturb surrotmd~ng residential property or to shine and project upward to prevent the diffusion ~nto the mght sky 2 The living screen shown on the detailed plan shall consist of shrubbery of the holly variety SECTION 2 That the prows~ons of tNs ordinance as they apply to the 0 082 acres shown ~n the detmled plan herein approved, shall govern and control over any conflicting prowslons of Ordinance No 99-257, but all the provisions of Orchnance No 99-257 as they apply to that rema~mng porhon of the d~stnct not here~n amended, shall continue m force and effect and shall apply to the remainder of smd d~stnct .SECTION 3 That a copy of fins ordinance shall be attached to Ordinance No:~,fig-257 showing the amendment here~n approved SECTION 4 That any person v~olat~ng any prows~on of th~s ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of th~s or&nance ~s violated shall constitute a separate and distinct offense SECTION 5 That th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby &retted to cause the caption of th~s ordinance to be published twine ~n the Denton Record Chromcle, official newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of the date of~ts passage /~ PASSED AND APPROVED th~s the ~4(.~ day of~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY AP~.OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY PAGE 2 Ok)/-4~A EXHIBIT "A" LFCAL DESCRIPTION LEASE AREA I that certain tract or parcel of land lying and bern9 s,tuoted ~n the Berry Merchant Survey, Abstract O, 800, Denton County, Taxa?, and being port of o tract of land os conveyed to PennoI-Ford, L C, / Warranty Deed with Vendors L~en doted April ,8, 1997, and recorded ,n County Clerk F~le No 97- 325994 Records, Denton County, Texas, and being more porbculorly described os follows :)MM£NClNG ct the aenter line of Nowlin Rood (r,ght-of-woy vor~es) and northeast corner of so~d ~nnel- Ford L C tract, IENCE along on the east hne of so~d PenneI-Fort L C tract, South 02 degrees O0 minutes 55 seconds Jet, 0 al,stance of 18 33 feet to o 5/8" ,ran rod set for the POINT OF BEGINNING hereof, I£NC~ cont, nu,ng on the west hne of eo~d Pennel- Ford L C, South 02 degrees O0 nllnUteS 55 second ~st, 0 d~$tonoe of 60.04 feet to o 5/8" iron rod set for the corner, IENCE through interior' of sold Pennel- Ford L C, the following three (3) courses, North 89 degrees 51 m~nutes 27 seconds West, o d~stance of 60 04 feet to o 5/8' ,ran rod set for ! ~rner0 North' 02 degtee,~ O0 m~nutee ,5.5 ,seconds West, o d~stonce of 60 04 feet to o 5/8" ,ran rod set for ! )rner;, South 89 degrees §t minutes 27 seconds East, o d~stonce of 60 04 feet to o point to the POINT OF '.GINNING and contolnlng 3605 square feet or 0 0827 acres of land, more or less It L ell I ~ ORDINANCE NO ~fO0-,~°/~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99- 257, ORDINANCE NO 99-367, AND ORDINANCE NO 99-405 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 170 (PD-170), PLANNED DEVELOPMENT 172 (PD-172), AND PLANNED DEVELOPMENT 176 (PD-176) ZONING DISTRICTS AND LAND USE CLASSIFICATIONS, THE SUBJECT PROPERTY BEING GENERALLY LOCATED EAST OF TEASLEY BETWEEN ROBINSON AND HICKORY CREEK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-104) WHEREAS, on August 3, 1999, by Ordinance No 99-257, the C~ty Coullcll approved a change m zoning for 65 17 acres of land ~n Planned Development 172 (PD-172) Zoning D~stnct, and WHEREAS, on October 5, 1999, by Ordinance No 99-367, the C~ty Cotmcfl approved a change in zoning for 167 477 acres of land ~n Planned Development 176 (PD-176) Zomng D~stnct, and WHEREAS, on November 2, 1999, by Ordinance No 99-405, the C~ty Council approved a change ~n zomng for 38 6 acres of land ~n Planned Development 170 (PD-170) Zoning D~stnct, and WHEREAS, on December 7, 1999, Wheeler R~dge L P submitted a Detailed Plan for 253 36 acres located in the PD-170, PD-172 and PD-176 zomng d~stncts w~th the intent to develop a s~ngle-famfly residential subd~ws~on, and WHEREAS, on May 24, 2000, the Planmng and Zomng Commission recommended approval of a Detmled Plan for such 253 36 acres, and WHEREAS, the C~ty Council finds that the Detailed Plan ~s consistent with the approved Concept Plans for PD-170, PD-172 and PD-176 and is conmstent with the 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS i~ Ordinances No 99-257, 99-367 and 99-405, promd~ng for the approval of Planned Development Zoning Dmtnct Classifications and Use Designations for the properties described as PD-170, PD-172 and PD-176 are hereby amended by approwng the Detailed Plan attached hereto and ~ncorporated here~n by reference as Exhibit B for 253 36 acres located w~thln PD-170, PD-172 and PD-176, more particularly described by the legal description attached hereto and ~ncorporated here~n by reference as Exhtb~t A, subject to the following conditions 1 Traffic improvements, as outlined in the letter from the developer to City of Denton staff dated May 2, 2000 and attached hereto as Exlublt C, shall be required 2 If Denton County fails to purchase the right of way dedication reserve at the northwest comer of the adjacent Wynstone at Oakmont development, the applicant shall pay for the purchase of the property, as outhned in the letter from the developer to City of Denton staff dated May 2, 2000 and attached hereto as Exhibit D 3 A 40 to 50 foot wide pedestrian access easement shall be provided between the commercial area and residential area at the northwest comer of the detailed plan ~F~Q.TLO__.N~ The prows~ons oftlus ordinance as they apply to the 253 36 acres shown in the detmled plan herem approved, shall govern and control over any conflicting provisions of Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, but all the prows~ons of Ordanance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, as they apply to that remaining port~on of the district not herein amended, shall continue in fome and effect and shall apply to the remainder of smd chstnct SECTION 3 A copy of this ordinance shall be attached to Ordinance No,' 99-257, Ordinance No 99-367, and Ordinance No 99-405 showing the amendment herein approved SECTION 4 Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 5 Thru ordanance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twine in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the ~0 ~ day of (~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY /'/J PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 EXHIBIT A LEGAL DESCRIP'I1ON BEING o tract of lend s,tuoted in the B Merchant Survey. Abstract No 800 ~n the C~ty of Denton. Denton County. 'rexes end bern9 more porbcularly described as follows COMMENCING et a point of mtersecbon of the approximate centerhne of Robinson Road (o variable w~dth right-of-way) w~th the east hne of Teosley Lone (F M Rood No 2t81)(a variable w~dth right-of-way), Thence S 89'O8'17" E, 64087 feet along the eo~d approximate centedme of Robinson Rood to the POINT OF BEGINNING, THENCE conbnumg along the so~d approximate centerhne of Robinson Rood the following courses and d~stonces S 89'O8'17" E. 575 99 feet to o point for corner. S 89'19'53" E. 127870 feet to o point for corner. S 89'10'14" E. 951 33 feet to o point for corner. THENCE S OO'4f57~ W. 1307 60 feet leowng the so~d approximate centerhne of Robinson Road to a po~nt for corner. THENCE S 28'05'45" W, 282 97 feet to o point for corner, sa~d point being on the southerly hne of a 10C foot w~de easement to the Texas Mumc~pal Power Agency os recorded in Volume 374, Page 155 end Volume 517, Page 518 of the Deed Records of Denton County. Texas, THENCE S 48'31'20" W. 982 03 feet dong the southerly easement hne of the so~d Texas Mumc~pal Power Agency to o point for corner. , THENCE N 89'31'08" W. 4 77 feet leowng the southerly hne of so~d easement to o point for ~:orner, THENCE S 01'52'13" E, 4 14 feet to o point for corner be,ng on the sa~d southerly easement hne to the Texas Mumc~pol Power Agency;. THENCE S 48'31'20" W. 1056 94 feet along the southerly hne of so~d easement to o po~nt for corner, THENCE N 89'44 42" E, 814 62 feet leowng the sa~d southerly easement hne to the Texas Mumc~pol Power Agency to a po~nt for corner, THENCE S O1'50'18' E, 1833 feet to a po~nt for corner, THENCE N 89'40 50" W, 60 04 feet to a point for corner, THENCE S 01'50'18" E, 6004 feet to a po~nt for corner. THENCE S 89'40'50" E, 60 04 feet to a point for corner. THENCE S O1'50'18~' E, 1230 22 feet to a point for corner. THENCE S 89'42'48" W, 2076 09 feet to o point for co~ner, sa~d point being ~n o non-tangent curve to lhe left running m al westerly d~rectmn and hawng o central angle of 02 32'43" o radius of 800 00 feet end ~ chord bearing of N 68'39'00" W, THENCE otong sa,d curve 55 54 feet to the end of so,d curve, o po~nt for corner, so~d po~nt being the )egmnmg of another curve to the left having o central angle of 22'54'33" o radius of 700 O0 feet end a :herd bearing of N 78'49'55" W. THENCE along so,d icurve 279 89 feet to the end of sa~d curve, a point for corner. THENCE S 89'42'48" THENCE N O1'15'50" THENCE S 8505'31,' THENCE N 03'56'18" THENCE S 89'44'42" THENCE N 02'0700' THENCE N 87 5500" THENCE N 02'07'00" W, 10000 feet to o point for corner be,ng on the sa*d east hne of Teosley Lone W, 704 67 feet along the so,d east hne of Teosley Lane to o point for corner E, 680 87 feet leaving the sa~d east hne of Teosley Lone to o po~nt for corner, E, 599 45 feet to o po~nt for corner, W, 734 99 feet to o po~nt for corner being on the so,d east hne of Teosley Lone, W, 2223 45 feet along the so,d east hne el' Teosley Lone to o po~nt for corner, E, 640 45 feet leaving the so~d east hne of Teosley Lane to a po~nt for corner, W, 711 32 feet to the Po,nt of Beg,nnmg end canto,rang 253 361 acres of lend EXHIBIT B III i III .! 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Eastern Development Com~ames EXHIBIT C 5225'village Creek Drive, State 400, Piano, Texas 75093 (972) 267 6888, Fax (972) 818-8885 May 2, 2000 Mr David~Salmon PE Engmeenng Administrator City of Denton 221 N Elm Stree~ Denton Texas 76201 Dear Mr Salmon I have received your letter dated Apnl 25, 2000 regarding the specific improvements required for our Wheel~r Pddge Community located on Teasley lane and Robinson Road Tlus letter is to serve as our acknowledgement that the road improvements reqmred for the enttrety ot~thm commumty will be 1 ) Left and Raght mm lanes into the community from Teasley Lane at the entrance 2 ) A two lane approach on Robinson Road at Teasley Lane 3 ) 25' asphalt road wtth curb and gutter along our frontage for Robinson Road 4 ) 25' asphalt road vnth curb and gutter along our frontage for Hickory Creek 5 ) Wheeler Radge will contrtbute $31,000 00 to the cost of s~gnahzetion on Teasley Lane at Hickory Creek Road and Robinson Road If you have any questions please contact me Sincerely, Elvio Bmnl -- Eastern Development Compames EXHIBIT D 5225 ~illase Creek Drive, Suite 400, Piano, Texas 75093 (972) 267-6888, Fax (972) 818 8885 May 2, 2000 Mr David Salomon Mr Paul Wdhams C~ty of Denton 221 N Elm Street Denton Texas 76201 Dear Sirs, Dunn$ a meeting held at C~ty Hall several months ago w~th M~ke Jez, Dave Hdl and R~ck Svehla from the C~ty of Denton, Bill Anderson of Dowdy Anderson Engmeenng and myself a d~sensmon was held about the future alignment of the proposed 2499 roadway Though the ahgnment has not been finalized by the county or the city, prehminary md~cat~ons from chscuss~ons vath the county engineers have indicated the probable need to use part of the "dedication reserve" held by Pulte homes at the northwest corner of their development As d~scussed dunng tlus meeting ffthe county, as ~nd~cated by the attached letter from County Comnuss~oner Kmeger, fmls to pay for the condemnation expense and land cost of the "dechcat~on reserve", Eastern Development Compames as general partner for the Wheeler R~dge development agreed to cover those cost Please allow tlus letter serve as our confirmation of that agreement Robert Prendargast For Wheeler Padge