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1999-367 %(+$1$%$1$-"$%.1, 99367 7 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.200021606/20/00JR AmendedbyOrdinanceNo.200306202/18/03JR AmendedbyOrdinanceNo.200930212/01/09JR AmendedbyOrdinanceNo.201025410/05/10JR AmendedbyOrdinanceNo.201307603/19/13JR AmendedbyOrdinanceNo.201318207/16/13JR AmendedbyOrdinanceNo.201530309/15/15JR AmendedbyOrdinanceNo.PDA180004b09/18/18JR NOTE, Amended by Ordinance No 2000-216 O OINANCE NO qq- 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLANNED DEVELOPMENT NO 176 (PD-176) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 168 57 ACRES OF LAND LOCATED BETWEEN NOWLIN ROAD, F M 2181 (TEASLEY LANE) AND ROBINSON ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-053) WHEREAS, Dowdy Anderson and Associates, Inc, on behalf of Wheeler Ranch, LTD, has apphext for a change m zoning for 168 57 acres of land to a Planned Development (PD-176) zoning district classification and use designation, and WHEREAS, on July 28, 1999, the Planning and Zomng Commasmon recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the zomng will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Pohcaes, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the zonmg dmtnct clasmficat~on and use designation of the 168 57 acre property described in the legal description attached hereto and incorporated herren as Exbabat A is designated to Planned Development (PD) zonmg district classlfieat~on and use desagnatlon under the comprehensive zomng ordinance of the C~ty of Denton, Texas, subject to the follovang conditions 1 That permitted land uses and development standards be restricted to those described in the Planned Development District Development Standards attached hereto and incorporated herem by reference as Exhibit B, and allow land uses eligible for a Specific Use Permit m an Commercial (C) zomng district if such permit ~s approved by City Council 2 Budding elevations, for all buddings proposed for Tracts 1 and 3, shall be required at he time of detailed plan submxttal 3 Llghtmg on Tracts 1 and 3 shall be designed and mmntalned so as not to shine on or othervase disturb, surrounding remdentml property or to slune and project upward to prevent the diffusion into the mght sky 4 The maximum number of dwelling units shall be 562 5 Cementlt~ous products vail only be used to replace the material they are designed to replicate SECTION 2 That the City's official zomng map is amended to show the change in zoning district classification ~ That any person violating any prowslon 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 obstruct offense ~ That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of tlus ordinance to be published twice m the Denton Record-Chromcle, a dmly newspaper published m the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the ,~2A-~ _ day of7t~ ~~ ,1999 JACK I~I~R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 EXHIBITA Ail that certain lot, tract or parcel of land lying and being situated In the B Memhant Survey, Abstract No. 800, Denton County. Texas, being all of a tract of land des,_c~tbed In a deed to Wheeler Ranch Ltd, dated 3-3-1999, as recorded under County Clerk s File No 99-0020100 of the Real Property Records of Denton County, Texas, belng more particularly described as follows BEGINNING at a point at the southwest comer of a tract annexed by the City of Denton by Ordinance No 83-33, same being a point on the east line of the present Denton city limits hne as established by Ordinance No 65-43, Tract III, same being the north right- of-way of R0blnson Road, said polnt belng 25 feet north of the northeast comer of sald Wheeler Ranch Ltd tract, THENCE South 89° 08' 42" East with the present Denton c~ty limits line as established by said Ordinance No. 83-33, 25 feet north of and parallel to the north line of said B Merchant Survey same being the south line of the S Hembde Survey, Abstract No 643, with the north right-of-way of Robinson Road, a distance of 1,213 52 feet to a point for comet THENCE Seuth 89° lg' ,54" East wlth the present Denton city hmtts hne as establ~shed by eald Ord!nance No 83-33, 28 feet north of and parallel to the north llne of sald B Merchant SUrvey, with the north right-of-way of Roblnson Road, a d~stance of 1,213 {52 feet to a point for comer, said point lying on the projected centerhne of Nowlln Road, THENCE SOuth 01 ° 35' 15" East, passing the Intersection of the centerhnes of Robinson Road and Nowlin Road, and contlnulng along the centerline of Nowlm Road same being the east line of said Wheeler Ranch Ltd tract, a distance of 2,247 19 feet to a point for comeT;, THENCE SOuth 01 ° 82' 30" East wIth the east hne of sa~d Wheeler Ranch Ltd, tract, and the centarhne of Nowlln Road, a dlstance of 700 91 feet to the southeast corner of sa~d Wheeler Ranch Ltd tract, THENCE NOrth 89° 89' 14" West with the centerhne of Nowhn Road and the south line of said Wheeler Ranch Ltd tract, a distance of 1,240 01 feet to a point for corner, THENCE SOuth 89° 29' 18" West with the centerllne of Nowlln Road and the south line of sald Whebler Ranch Ltd, tract, a distance of 1,22§ 55 feet to a point for corner, on the present Denton city limits llne as established by said Ordinance No 65-43, Tract III, sa~d point lying 51feet east of the east right-of-way of F M Road 2181, THENCE NOrth 02° 07' 00" West with the present Denton c~ty hm~ts hne as estabhshed by said Ordinance No, 85-43, Tract III, being 6 feet east of and parallel to the west line of said Wheeler Ranch Ltd tract and the east right-of-way of F M Road 2181, a distance of 2,992 58 feet to the POINT OF BEGINNING and conta~nlng in all 1~8 57 acres of land EXHIBIT B WHEELER RIDGE Planned Development District Development Standards Applicant Dowdey, Anderson and Associates, Inc Planning and Englneenng 5225 Village Creek Parkway Suite 200 Plano, Texas 75093 (972)931-0694 (972)931-9538 Fax Owner/Developer' Wheeler Ranch, Ltd 5225 Vdlage Creek Drive State 400 Plano, Texas 75093 (972) 267-6888 (972) 818-8885 Fax Submitted June 28, 1999 For Rewew by the C~ty of Denton Planning and Zoning Cornnusslon on July 28, 1999 and For Review by the Denton C~ty Councd on September 21, 1999 98004Pdcoverpage72199 WHEELER RIDGE PLANNED DEVELOPMENT DISTRICT STANDARDS 1.0 Planned Development District- Commercml Tracts 1 and 3 1 O1 ~-~tll~tl~iiP~[99: The Commercial tracts vail provide the ab~hty to encourage and accommodate the development of office, retail and corrunercml center(s) 1 02 ~: All uses identxfied m Artxcle IH, SecUon 35-77, Use R'egulat~on Districts, Use of Land and Bmldmgs, of the City of Denton Zomng Ordinance under the hendmg of Commercial Dlstnct (C) shall be penmtted within Tracts 1 and 3 m the Planned Development District 1 03 ~[[dlll~l~[~il All btuldmgs shall have an exterior fimsh of glass,. stone, stucco, brick, tile, concrete, extenor wood or sumlar materials or any combination thereof The use of wood as a primary, extenor btuldmg matenal shall be hrmted to a maxunum of twenty-five (25) percent of the total exterior wall suri'aces 1 04 ~lltlll~,~: The maxunum permitted height of all bu~Idxngs within the commercial tracts of the Planned Development District shall be three (3) stones 1 05 ~: There shall be a front yard having a depth of not less than twenty- five (25) feet Front yard setbacks are required on both sireets for comer lots 1 06 Side Yard: S~de yard requirements for conu'nerc~al tracts shall be as follows a No side yard shall be reqmred where commercial structures are to be attached b A ten (10) foot mdc yard shall be requu'ed where commercial structures are to be located adjacent to one another and where vehicle access is not reqmred c A twenty (20) foot s~de yard shall be prowded adjacent to single family res~dantml zoning d A twenty (20) foot s~de yard shall be provided adjacent to a dechcated street 1 07 Rear Yard: Rear yard requirements for commercial tracts shall be as follows luly 19, 1999 1 98004pd doc a No rear yard shall be reqmred where commercial structures are to be attached b A ten (10) foot rear yard shall be required where commercial structures are to be located adjacent to one another and where vehicle access is not reqmred c A twenty (20) foot rear yard shall be provided adjacent to single family residential zoning d A twenty-five (25) foot rear yard shall be provided adjacent to a dedzcated street 1 08 ~: Landscape plans for proposed development areas shall be submztted m accordance w~th the City of Denton Landscape Code as ~t presently exists at the tn-ac th~s Planned Development D~smct is approved I 09 ~..e,.eJ~: A six (6) foot screemng wall shall be provided between areas developed for residential uses The commercial user shall be responsible for the ' constructxon and maintenance of the shx (6) foot screemng wall Tins screemng wall shall be constructed at the t~me a commercial property is developed and shall only be required adjacent to the speczfic commercial property that is being developed The above referenced six (6) foot screening wall shall be constructed of stone, brick, or s~mflar materials or any combination thereof 1 10 Floor to Area Ratio (FAR): The perrmtted floor area of all buildings located wltlun the commercial tracts shall be 2 1 (floor area ratio) 1 11 ~T~: Parking shall be provided m accordance w~th Artzcle VI, Section 35-301, Vehicle Parking Regulations of the City of Denton Zomng Ordinance Parl~ng shall be permmtted w~thm all required yard areas I 12 ~f~.~ The amount of acreage permitted m Tract 1 shall not exceed ten (I0) acres net of right-of-ways The amount of acreage permitted m Tract 3 shall not exceed s~x (6) acres net of right-of-ways 2 0 Planned Development D~smct - Single Farmly Residential 2 01 ~7.~:~l~dy~lgllffil: The Resldenttal Tract zs intended to accommodate a variety of single family residential uses The resldent~al umts will be comprised of Single Family-7 2 (SF-7 2) and Szngle Family-6 0 (SF-6 0) products Development standards for each of the aforementioned housing types are outlined w~thm tbas text 2 02 ~ Land uses permitted x~athm the PD are as follows July 19, 1999 2 98004pd doc a Residential umts as described herein b Private or public recreation facilities c Churches/rectories d Schools - public, private, or state accredited e Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swlmnung pools, clubhouse facilities and tenms courts f F~re stations and public safety facilities g Real estate sales offices during the development and marketing of the Planned Development h Pubhc streets and private streets Electromc security facilities including gatehouse and control counter Accessory bufldmgs and uses customarily lncxdental to the permitted uses k Temporary buildings and uses incidental to construction work on the premxses, which shall be removed upon completion 2 03 Density: The overall allowed density for Tract 2 of the Planned Development Dlstnct shall be 4 0 umts per gross acre or a total of (628) umts, as calculated on a gross land area basis (approximately 157 acres) The percentage of Single Family-6 0 and Smgle Family-7 2 will vary w~th~n the Planned Development Dlstnct, but m no case shall the total number ofumts w~ttun the Planned Development Dlstnct exceed (628) umts 2 04 ~ Parking shall be provided In accordance with Article VI, Section 35-301, Velucle Parking Regulattons of the City of Denton Zoning Ordinance 2 05 ~fl,l]~t~ll~l~ll A mlmmum of seventy-five (75) percent of the total extenor wall surfaces of all mare buildings shall have an exterior fimsh of glass, stone, stucco, tile, bnck, cementmous fiberboard, or similar matenals, as approved by the PD Arclutectural Review Committee (ARC), or any combination thereof The use of wood as a pnmary, extenor bmldlng matenal shall be hmlted to a maximum of twenty-five (25) percent of the total wall surfaces 2 06 ~ Single-Family-7 2 umts are a form ofs~ngle family, detached hOUSlng Tlus residential type will consist of larger units and lots, having access and frontage on a pubhc or pnvate street Bmld~ng and area requirements are as follows a Lot Area: The m~mmum area of any lot shall be seven thousand two hundred (7,200) square feet b Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory bmldings Swmumng pools, spas, deck, patios, porches, driveways, walks, and other paved areas shall not be ~ncluded m determ~mng maximum lot coverage July 19, 1999 3 98004pd doe ¢. Lot Width: Tho m~,~;mum width of ny lot s~ull not be less th~ fi~y-five (~) feet st ~ b~ ~e, ~c~t ~ 1o~ at ~e te.-~-~ cfa c~ sac or ~ong s~et el~eyeb~ws may have a (50) feet at ~e b~g ~e, p~d~ ~ o~ r~en~ offs s~flon ~e ~. d Lot Depth: ~e ~{~{m~ d~ of~y lot shall be one hunted (100) fee~ exert ~a a lot at ~e te~us cfa cul-de-sac or along s~eet elbow~eyebrows may have a ~ lot d~, mc~ed at ~d-pomt on ~ont ~d re~ lot ~es, of~e~ (90) feet, prodded all o~er reqmremen~ offs sec~on ~e ~lfilled · Front Yard: ~e ~ dep~ of~e Dent y~d shall be ~en~ (20) feet Front po~hes, ~of eaves, c~e~ ~d other s~fl~ ~c~tcc~al elements may extend ~to f Side Yard: ~e ~m~ s~de y~d on each szdc of a lot shall be five (5) feet A s~de y~d ~jacent to a s~de s~ect sh~l not be less th~ fi~ecn (15) feet ~ no c~e sh~l a g~age door ope~g be ~y closer ~ ~en~ (20) feet to ~e n~t-of-way g Rear Yard: ~e m~ d~th of ~e re~ y~d sh~l be ten (10) feet h Bufld~g Height: Bmld~ngs sh~l be a m~m~ of~o ~d one-half (2 stones 2 07 ~: Smgle-F~ly -6 0 umts =e ~o~er fo~ of single f~ly, detached housing ~s res~den~al ~e is des~ed to pro~de single f~ly ho~mg a a sh~tly ~er densi~ ~ pe~ed m Smglc-F~ly-7 2 ~cse res~den~al ~ts ~I1 have access ~d ~ntage on a pubhc or private s~cet Bmldmg ~d =ea requ=emen~ are ~ follows a Lot Area: ~e ~ =ca of ~y lot shall be six ~ous~d (6,000) squ=e feet b Lot Coverage: ~ no c~ shall mor~ ~ fo.-five (45) percent cftc total lot =ea be covered by ~e combined =ea of thc mare braidings ~d accesso~ bml~gs, S~ng pools, sp~, deck, pat~os, driveways, wa~, ~d other paved =e~ shall not be included m dete~g m=~um lot covemSe c Lot Width: ~e mm~m~ ~d~ of ~y lot sh~ not bc less ~ fo.- five (45) feet a ~e bmldmg line, except ~a lo~ a ~c tc~us cfa cul- de-sac or along s~eet elbow~eyebmws may have a ~ ~d~ of forty (60~cet a ~e bufl~g ~e, prodded ~I o~er requ~ements offs sec~on =e hlfllled d Lot Depth: ~e mimm~ d~t of~y lot shaU be one h~dred (I00) feet, except ~at a lot at ~e te~m~ cfa cul-de-sac or along s~cet elbows/eyebrows may have a ~m,m~ lot d~, me~=ed a ~d-pomt on ~ont ~d re= lot ~es, of~e~ (90) feet, pmwded all o~er requirements offs sec~on =e ~lfill~ · Front Yard: ~e ~ d~ of~e ~nt y=d shall be ~en~ (20) feet Front porches, roof eaves, c~eys ~d o~cr s~l= ~c~tec~al elements may extend rotc July 19, 1999 4 980~p~doc f Side Yard: The mlmmum side yard on eacl~ side of a lot shall be five ($) feet A side yard:adjaCent to a side street shall not bo less than fifteen (15) feet In no case shall a garage door opemng be any closer than twenty (20) feet to the fight-of-way g Rear Yard: The mm~mtlm depth of the rear yard shall be ten (10) feet h Building Height: Braidings shall be a maxunum of two and one-half (2 ½ stones Planned Development District- General Conditions 3 01 Conformance to All Annlicable Ariicles of the Denton Zonin~ Ordinance: Except as amended hereto, this Planned Development District shall conform to any and all spphcable articles and sections of the Denton Zoning Ordinance, as ~t presently eyasts 3 02 ~ll~,llii~,~,E~: The Developer for the Planned Development District shall provide for an amemty center wluch may include, but not be Inmted to a swnummg pool, cabana, and landscsp~ng to be owned, operated, and mmntamed by a property owner's association 3 03 ScreeninWLandscapin_e alon~ Robinson Road and Teasle? Lane' Landscaping and screening shall be prowded along Robinson Road and Teasley Lane m areas where lots back to smd thoroughfares and may consist of decorative metal fencing, stained wood fence w~th metal posts, landscape planting, cementitlous fencing, masonry walls, hwng screens or a combination thereof 3 04 Park Land/Open Space Rea_uirement: The Plarmed Development District shall conform to the C~ty of Denton Park Land Dedication Orchnance No 98-039 as it presently exists at the time the Planned Development Dmtnct is approved Open space shall be approxunately 18 acres and shall consist of tree preserve areas, common areas, amemty center site, greenbelt parks, pocket parks, pedestrian/park connections, landscape buffers, floodplain, electncal/power/utihty easements A mimmum area of park/open space, based on the formula prowded m Ord:nance No 98-039, Article ~I, Section 22-36 (c) shall sat:sfy all park/open space requtrements of the City of Denton 3 05 ]~.l~i,r~,~lf~: A General Concept Plan is hereby attached and made a part of the ordinance It establishes the most general gmdelmes for the district by identifying the land use types, approximate thoroughfare locations and project boundaries and illustrates the integration of these elements into a master plan for the whole chstnct 3 06 Street Trees: A rmmmum of one (1) street tree shall be reqmred on all resldential lots vatlun the street parkway July 19, 1999 5 98004pd doc 3 07 Mnlntennnee of Facilities: The Owner(s) shall estabhsh, wth each prehmmary plat subrmtial, a property owner's association, memberstup association or other des~gnatwn that will be raspons~ble for the unprovement and maintenance of all common areas and/or common fac~htles contained vathm the area of the development July 19, 1999 6 98004pd doc ORDINANCE NO ~-~/~:~ 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 Council approved a change ~n zomng for 65 17 acres of land In Planned Development 172 (PD-172) Zomng D~stnct, and WHEREAS, on October 5, 1999, by Ordinance No 99-367, the C~ty Councd approved a change in zomng for 167 477 acres of land ~n Planned Development 176 (PD-176) Zomng D~stnct, and WHEREAS, on November 2, 1999, by Orthnance No 99-405, the C~ty Cotmcll approved a change m zomng for 38 6 acres of land ~n Planned Development 170 (PD-170) Zomng D~stnct, and WHEREAS, on December 7, 1999, Wheeler Pddge L P submitted a Detmled Plan for 253 36 acres located ~n the PD-170, PD-172 and PD-176 zomng d~stnets w~th the ~ntent to develop a s~ngle-famfly res~dentml subthws~on, and WHEREAS, on May 24, 2000, the Planning and Zomng Commission recommended approval 6fa Detmled Plan for such 253 36 acres, and WHEREAS, the C~ty Council finds that the Detailed Plan ~s consmtent w~th the approved Concept Plans for PD-170, PD-172 and PD-176 and ~s consistent w~th the 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COI. TNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinances No 99-257, 99-367 and 99-405, prowthng for the approval of Planned l)evelopment Zomng D~stnet Classfficat~ons and Use Designations for the properties described las PD-170, PD-172 and PD-176 are hereby amended by approving the Detmled Plan attached hereto and incorporated hereto by reference as Exhibit B for 253 36 acres located within PD-170, pD-172 and PD-176, more partmularly described by the legal description attached hereto and ~ncorporated here~n by reference as Exhibit A, subject to the following conditions 1 Traffic improvements, as outhned in the letter from the developer to C~ty of Denton staff dated May 2, 2000 and attached hereto as Exhibit C, shall be reqmred 2 If Denton County foals to purchase the right of way dedlcat~on reserve at the northwest comer of the adjacent Wynstone at Oakmont development, the applicant shall pay for the purchase of the property, as outlined in the letter from the developer to C~ty of Denton staffdated 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 detoaled plan SECTION 2 The provls~ons ofth~s ordinance as they apply to the 253 36 acres shown in the detoal~d plan herein approved, shall govern and control over any conflicting proms~ons of Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, but all the provisions of Ordinance No 99-257, Ordinance No 99-367, and Ordinance No 99-405, as they apply to that remaining port~on of the d~stnct not herein amended, shall continue in force and effect and shall apply to the remmnder of said d~stnct SECTION 3 A copy of this ordinance shall be attached to Orthnance No 99-257, Ordinance No[[[}~9~r~fiT~tnd Ordinance No 99-405 showing the amendment herein approved SECTION 4 Any person violating any provision of thas ordinance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a proms~on of this ordinance is violated shall constitute a separate and distract offense SECTION 5 Th~s ordinance 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 ,twice in the Denton Record Chromcle, official newspaper of the C~ty of Denton, Texas, w~hln ten (10) days of the date of its passage PASSED AND APPROVED this the ~'70 ~ day of ~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY PAGE 2 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 EXHIBIT A LEGAL DESCRIP~ON BEING o tract of land mtuoted in the B Merchant Survey, Abstract No 800 in the C~ty of Denton, Denton County, Texas and be~n9 more particularly described os follows COMMENCING at a po~nt of intersecbon of the apprommote centerhne of Robinson Road (o variable w~dth r~ght-of-way) w~th the east hne of Teasley Lane (F M Rood No 2181)(o variable width right-of-we).), Thence S 89'08'17" E, 64087 feet along the sa~d approximate centeHme of Robinson Rood to the POINT OF BEGINNING. THENCE conbnu~ng along the sold approximate centerhne of Robinson Rood the following courses and d~stonces S 89 08'17" E, 575 99 feet to a point for corner, S 89'19'55" E. 127870 feet to o point for corner. S 89'10'14" E, 951 33 feet to a po~nt for corner, THENCE S 00'41 57" W, 1307 60 feet leowng the so~d approximate centerhne of Robinson Rood to o po~nt for corner, THENCE S 28'05 45" W, 282 97 feet to o point for corner, so~d point being on the southerly I~ne of o 10C foot w~de easement to the Texas Mumc~pal Power Agaric), os recorded m Volume 374, Page 155 and Volume 517, Page 518 of the Deed Records of Denton County, Texas, THENCE S 48'3f20" W, 982 O3 feet dong the southerly easement hne of the so~d Texas Mumc~pol Power Agency to o po~nt for corner, THENCE N 89'31'08" W, 4 77 feet leowng the southerly hne of sa~d easement to o po~nt for ~:orner, THENCE S 01 52'13" E. 4 14 feet to o point for corner being on the so~d southerly easement hne to the Texas Municipal 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, 81462 feet leowng the sa~d southerly e(]sement hne to the Texas Munm~pal Power Agency to a po~nt for corner, THENCE S 01'5018' E, 1855 feet to o po~nt for corner, THENCE N 89'40 50" W, 60 04 feet to o po~nt for corner, THENCE S 01'50'18' E, 60 04 feet to o po~nt for corner, THENCE S 89'40'50" E, 6004 feet to o point for corner. THENCE S 01'50'18' E, 1230 22 feet to o po~nt for corner, THENCE S 89 42'48" W, 2076 09 feet to a point for corner, so~d po~nt being ~n o non-tangent curve to lhe left runmng m o westerly d~recflon end howng o central angle of 02 52'43" o radius of 80000 feet and ~ chord bearing of N 68.39'00" W, THENCE along so,d curve 35 54 feet to the end of sa~d curve, o point for corner, so~d po~nt being the ~eg~nmng of another curve to the left howng a central angle of 22'54'55" a rad~us of 70000 feet and o :hard bearing of N 78'49'55" W, THENCE along so~d curve 279 89 feet to the end of so~d curve, o po~nt for corner, THENCE S 89'42'48" W, 10000 feet to o point for corner being on the so~d east hne of Teosley Lone THENCE N 01'15'50" W, 704 67 feet along the so~d east hne of Teosley Lone to o po~nt for corner, THENCE S 85'05'31" E, 680 87 feet leowng the so~d east hne of Teosley Lone to o po~nt for corner THENCE N 0356'18" E, 59945 feet to o po~nt for corner, THENCE S 89'44 42" W, 734 99 feet to o po~nt for corner being on the so~d east hne of Teosley L(~ne THENCE N 02'07'00' w, 2223 45 feet along the sa~d east hne of Teosley Lone to a po~nt for corner, THENCE N 87'5500" E, 640 45 feet leowng the so~d east hne of Teosley Lone to o po~nt for corner, THENCE N 0207'00" W, 711 32 feet to the Po~nt of Beginning and contoln~ng 253361 acres of land SCALE 1 ~200 DE TA~L A SCALE I ~200 k~1L~L~LLLLLLLLLLLLLLLL~*L~LLLLLLLL~LLLLLLL~LM~LLL~LLLLU~LLLLLLL~LLLL~&LLLL~L~L~-~ I N4J_~ILLLLLLI_LL_LLLI.LLLLI IFI.I_[LI[LllLI LI LLLLLLLLL .LLLLLLLLLLLLI~LLLLLLLI, I/k,I IILLLLU.LLLLLLLLIJ. LI I [~(LLLI.LLLIILI I ~ILLLLLLI_LLLLLLLLLLLI~LLLLLLLLLLM [~_MLLLLLL_LIILLLLLLI [N~[IILLLLD.LLD,LLLL_LLIJ~LLI F~&IILLLLLLLLLLLL!ILLD~LLLLI~LLLLLLLLLLI . 4_[LLLLLLLL[LLI_LiILLLLLLLLI I N,LLLI.LLLLLLLLUILLLLLU.~LLLLI,LLWL~LLWJ.LLLLLLLLLLLI ~41LLLLLLLLLLLLD.LLLLLLLLLLJ~LLLLLLL!~LLLl,LLLLLLLI I N4[/LLLLLLI.LLL_LLLL~LLL~LLLLLIJ LLLLJ=.~LLLLLLLLLLLLLLLt±LL~!,L~LLLLLL~LLLLLLLLD,LLLLLIJ~LI LLLI LLLLLLLLLLLLLLLLLLLLLLL~.~iI I~<LLL~[LLL.L,~,:~L:~LI~LLI I~,LLLLLLLLLLLLLLI_LLLLI F~`LL~LL~L~L~L~.~L~;~%i~LLL~LL~.~D~b~u~LLLLLL~L~L~LLL~LL`~ Eastern EXHIBIT C Development Companies 5225 '¥~lage Creek Drive, State 400, Piano, Texas 75(193 (972) 267 6888, Fax (972) 818 8885 May 2, 2000 Mr Davldl Salmon PE Engmeenng Administrator C~ty of Denton 221 N Elm Street Denton T~xas 76201 Dear Mr Salmon I have received your letter dated April 25, 2000 regarding the specific improvements required for our Wheeler R~dge Community located on Teaaley lane and Robinson Road Tins letter,~s to serve as our acknowledgement that the road ~mprovements reqmred for the entirety of tins community will be 1 ) Lef~ and Raght turn lanes into the commumty from Teasley Lane at the entrance 2 ), A two lane approach on Robinson Road at Teasley Lane 3 ) 25' asphalt road vath curb and gutter along our frontage for Robinson Road 4 ) 25' asphalt road wtth curb and gutter along our frontage for I-hckory Creek 5 ) Wheeler R~dge will contribute $31,000 00 to the cost of s~gnahzat~on on Teasley Lane at I-hckory Creek Road and Roinnson Road If you have any questions please contac~ me Sincerely, Elv~o Btam EXHIBIT D Eastern Development Companies 5225 Village Creek Drive, State 400, Plano, Texas 75093 (972) 267-6888, F~ (972) 818 8885 May 2, 2000 Mr Da, ad Salomon Mr Paul Wflhams C~ty of Denton 221 N Elm Street Denton Texas 76201 Dear SlrS, Dunng a meeting held at City Hall several months ago with M~ke Jez, Dave I-hll and R~ck Svehla from the C~ty of Denton, Bill Anderson of Dowdy Anderson Eng~neenng and myself a discussion was held about the future alignment of the proposed 2499 roadway Though the ahgnment has not been fmahzed by the county or the e~ty, prehrmnary lnd~cet~ons from discussions wath the county engineers have indicated the probable need to use part of the "dedmation reserve" held by Pulte homes at the northwest comer of their development As discussed dunng tins meeting ffthe county, as ~n&eated by the attached letter from County Conumssloner Krueger, fmls to pay for the eondenmatlon expense and land cost of the "ded~eation reserve", Eastern Development Compames as general partner for the Wheeler Padge development agreed to cover those cost Please allow tins letter serve as our confirmation of that agreement Robert Prendergast For Wheeler lladge