HomeMy WebLinkAbout08-01-16 PZ Agenda Packet
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TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION
MEETING AGENDA
AUGUST 1, 2016
WESTLAKE TOWN HALL
1301 Solana Blvd.
Building 4, Suite 4202
2ND FLOOR, COUNCIL CHAMBERS
WESTLAKE, TEXAS 76262
Work Session 5:00 p.m.
Regular Session 6:00 p.m.
Work Session
1. CALL TO ORDER
2. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING
AGENDA.
3. DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES
ON DEVELOPMENT TRENDS, PROGRESS AND TOWN COUNCIL ACTIONS ON
PAST AGENDA ITEMS.
4. DISCUSSION REGARDING AN AMENDMENT TO CHAPTERS 1 AND 82,
AMENDING CHAPTER 1, SECTION 1-2 BY DELETING THE DEFINITION OF
PRELIMINARY PLAT AND ADDING THE DEFINITION OF SITE EVALUATION;
AMENDING CHAPTER 82 PROVIDING FOR PRELIMINARY SITE EVALUATIONS
AND PROVIDING STANDARDS FOR PRELIMINARY SITE EVALUATIONS AND
PLATS.
5. ADJOURNMENT
Page 2 of 2
Regular Session
1. CALL TO ORDER
2. DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING
HELD ON APRIL 25, 2016.
3. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
CONSIDERATION OF AN APPLICATION TO REPLAT AN APPROXIMATELY
2.616-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING
AREA 2 (PD 1-2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY
GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS
BOULEVARD, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS
WESTLAKE ENTRADA. THE REPLAT SHOWS BLOCK I, LOTS 1 AND 2X, AND
BLOCK J, LOTS 11-16, 17X, 18X, AND 19X; THE PROPOSED LOTS ARE
LOCATED NEAR THE INTERSECTION OF SOLANA BOULEVARD, GRANADA
TRAIL, AND CORTES DRIVE.
4. ADJOURNMENT
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1301 Solana Blvd., Bldg. 4, Ste.
4202, Westlake, Texas, 76262, July 27, 2016, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas
Government Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town
Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you.
DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING
AGENDA.
NO ACTION WILL BE TAKEN DURING THE WORK SESSION.
Planning
and Zoning
Item # 2 –
Back up material has not
been provided for this
item.
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND
UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND TOWN COUNCIL
ACTIONS ON PAST AGENDA ITEMS.
Planning
and Zoning
Item # 3
Back up material has not
been provided for this
item.
estlake Planning and Zoning Commission
TYPE OF ACTION
Workshop - Discussion Item
Monday, August 01, 2016
TOPIC: Discussion regarding an amendment to Chapters 1 and 82 of the Westlake
Code of Ordinances amending Chapter 1, Section 1-2 by deleting the
definition of Preliminary Plat and adding the definition of Preliminary Site
Evaluation; amending chapter 82 providing for Preliminary Site
Evaluations and providing standards for Preliminary Site Evaluations and
plats.
STAFF CONTACT: Rick Chaffin, Acting Director of Planning and Development
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Update Development Regulations
Time Line - Start Date: August 1, 2016 Completion Date: August 22, 2016
Funding Amount: 00.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
This proposed amendment to the Westlake Code of Ordinances replaces the Preliminary Plat
with the Preliminary Site Evaluation. Currently, Town Council approves a Preliminary Plat
before land developer can commence construction of public improvements (water lines, sewer
lines, roads, etc.). Once all improvements are constructed and accepted by the Town, the
developer may submit a Final Plat for review and approval.
Like a Preliminary Plat, the Preliminary Site Evaluation demonstrates to the Town how a
development will connect to and be served by public and private utilities, where streets will be
located, points of ingress/egress, rights-of-way, and other information vital for safe, high quality
development.
The Preliminary Site Evaluation is a development tool that includes all of the technical
requirements associated with a Preliminary Plat, but with a key difference. Pursuant to §
212.009 of the Texas Local Government Code, a municipality must approve or deny a
Preliminary Plat request within 30 days of a complete application submittal. There are no
statutory time limits related to a Preliminary Site Evaluation. Town Staff feels this distinction
allows for the most thorough review possible in order to hold Westlake development to a higher
standard. Most reviews will still be completed within 30 days and Staff will continue to process
and review development related applications as expeditiously as possible. However, the
Preliminary Site Evaluation allows for greater flexibility in cases where a longer review time is
required or where an applicant does not complete requested revisions in a timely manner.
The proposed amendments do not change review, approval, or notification procedures. The only
substantive proposed change involves the requirement of a Preliminary Site Evaluation in lieu of
a Preliminary Plat. Staff have also included minor word changes and clarifications in order to
clean up ambiguous and/or outdated language related to plats.
RECOMMENDATION
Staff recommends approval of the proposed amendments.
ATTACHMENTS
1. Proposed revised ordinance.
Ordinance XXX
Page 1 of 20
ORDINANCE NO. _______
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER
1, SECTION 1-2 BY DELETING THE DEFINITION OF PRELIMINARY PLAT AND
ADDING THE DEFINITION OF SITE EVALUATION; AMENDING CHAPTER 82
PROVIDING FOR PRELIMINARY SITE EVALUATIONS AND PROVIDING
STANDARDS FOR PRELIMINARY SITE EVALUATIONS AND PLATS; PROVIDING
FOR REQUIREMENTS; PROVIDING FOR APPROVAL OR DENIAL; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas, (the “Town”) is a General Law Municipality
located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the
Texas Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, the Town Council of Westlake, Texas, finds that preliminary site
evaluations and plats and standards and requirements for preliminary site evaluations and plats
are required for orderly development; and
WHEREAS, the Town Council of Westlake, Texas, deems it necessary to enact this
ordinance providing for preliminary site evaluations and plats within the corporate limits of the
Town.
WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it
is in the best interests of the town and its citizens that the amendments should be approved and
adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That, the Town hereby adopts the following amendments to sections 1-2;
and section 82-34, 82-35, 82-36 and 82-37 to read as follows:
That Section 1-2 “Definitions” the definition of “Preliminary plat” is deleted and that the
following definitions are added:
Preliminary site evaluation. The words "preliminary site evaluation" shall mean the
preliminary drawing or drawings, described in this Code, indicating the proposed manner
or layout of the subdivision or addition to be submitted to the town for approval.
Ordinance XXX
Page 2 of 20
Record drawings. The words “record drawings” or “as-built drawings” shall mean
drawings which reflect all changes made in the specifications and working drawings
during the construction process, and show the exact dimensions, geometry, and location
of all elements of the work completed under the contract, including "record drawings" of
the construction plans for all water, wastewater, drainage and paving facilities and any
other public improvements required to serve the subdivision. Also called as-built
drawings or just as-builts.
Sec. 82-34. -Conference.
Prior to the filing of a preliminary site evaluation, the subdivider shall meet with the
town engineer or designated representative for familiarization with the town's
development regulations and the relationship of the proposed subdivision to the town's
Comprehensive Plan. At the meeting, the general character of the development may be
discussed, and items may be included concerning zoning, the availability of existing
utility service and demand for new utility service, street requirements, and other pertinent
factors related to the proposed subdivision. At this meeting, the town engineer shall
classify the subdivision application as either major or minor and direct the applicant to
the appropriate procedures. At the conference, the subdivider may be represented by
his/her land planner, engineer, or surveyor.
Sec. 82-35. - Procedure for preliminary site evaluation approval.
(a) Purpose and applicability
(1) Purpose. The purpose of the preliminary site evaluation is to allow evaluation of
the proposed development for conformity with requirements, plans, policies and
conditions prior to the submission of the plat.
(2) Applicability. A preliminary site evaluation is required for all major subdivisions
prior to the construction of improvements. A preliminary site evaluation shall be labeled
“Preliminary Site Evaluation.” A preliminary site evaluation is not a preliminary or final
plat. It is a development tool for the benefit of the landowner and the Town to allow the
Town and land owner to work together cooperatively. The time limits applicable to plats
do not apply to a preliminary site evaluation. Any reference to a “preliminary plat” in the
Westlake ordinances shall be understood to mean preliminary site evaluation.
(b) Application procedure and requirements; preliminary site evaluation. Following
the preapplication conference, the applicant may file for approval of a preliminary site
evaluation. The preliminary site evaluation shall be prepared by or under the supervision
of a registered professional land surveyor or engineer in the state and shall bear his/her
seal, signature and date on each sheet.
Ordinance XXX
Page 3 of 20
(1) General application contents. A minimum of five paper copies and one digital
copy of the proposed preliminary site evaluation shall be prepared at a scale of one inch
equals 100 feet or larger using the town's base mapping, and in a form substantially as
follows and submitted to the town engineer: If necessary, staff may request additional
paper copies.
a. The proposed preliminary site evaluation shall be submitted on sheets a maximum
size of 24 inches by 36 inches and drawn to a scale of 100 feet to the inch. Subsequent
phases of a master plat may be drawn at a scale of one inch to 400 feet.
b. The boundary lines with distances and bearings and the approximate location and
width of all existing or recorded streets intersecting the boundary of the tract.
c. Close bearings and distances to the nearest established survey monuments and
established subdivisions, which shall be accurately described on the plat.
d. Approximate ties to the abstract and survey corners as required by state surveying
law and the amount of acreage in each abstract shown.
e. The preliminary layout showing:
1. Proposed rights-of-way widths for streets with names, sidewalks, easements,
blocks, parks, etc., with principal dimensions.
2. The length of all arcs, radii, internal angles, points of curvature, length, and
bearings of the tangents.
3. All easements for rights-of-way provided for public services or utilities and any
limitations of the easements.
4. All lot numbers and lines with dimensions in feet and hundredths of feet and with
bearings and angles to street lines.
5. The location of all existing property lines, buildings, sewer or water mains, fire
hydrants, gas mains or other underground structures, easements of record or other
existing features within the area proposed for subdivision.
6. A designation of the proposed uses of the land within the subdivision and any
zoning amendments requested.
7. All physical features of the property to be subdivided, including location and size
of all watercourses, ravines, bridges, culverts, existing structures, drainage area in acres
or acreage draining into subdivisions, and other features pertinent to subdivision. The
outline of wooded areas or the location of important individual trees are required.
Ordinance XXX
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8. The angle of intersection of the centerlines of all intersecting streets which are
intended to be less than 90 degrees.
9. The preliminary location, material, and size of all monuments approved by the
town engineer.
10. The outline of all property which is proposed for dedication for public use with
the purpose indicated thereon, and of all property that may be reserved by deed covenant
for the common use of the property owners in the subdivision or addition.
11. The name and location of a portion of adjoining subdivisions shall be drawn to the
same scale and shown in dotted lines adjacent to the tract proposed for subdivision in
sufficient detail to show accurately the existing streets and other features that may
influence the layout and development of the proposed subdivision. Where adjacent land
is not subdivided, the owner's name of the adjacent tract shall be shown.
12. In cases where a subdivision contains or abuts a school, park or playground site,
provision of access such as may be required by these subdivision regulations.
13. Front setback lines.
14. Special restrictions including, but not limited to, water line, wastewater line and
drainage easements; fire lanes; screening; and such other requirements for standard notes
as may be contained in the town's Engineering Standards.
15. Contours at five-foot intervals, except on terrain with less than two percent grade
in which event contours at two-foot intervals are required.
16. Proposed name of the subdivision or addition.
17. Name, address and phone number of the property owner and the name of the
engineer or surveyor who prepared the plat.
18. North arrow, scale, site location map and date.
19. The location of flood hazard areas or a statement as to the lack thereof, and a
statement indicating the source of the flood hazard information.
20. Boundary survey closure and area calculations.
21. A notation in the legend labeling the document "Preliminary Site Evaluation" and
identifying the scale.
22. The preliminary location and size of all proposed utilities, including water,
sanitary sewer, storm sewer and drainage facilities.
Ordinance XXX
Page 5 of 20
23. The preliminary location and size of all proposed utilities and duct banks.
24. The location of all proposed public and private streets and information indicating
the material and width of the streets and rights-of-way.
25. A phasing plan indicating the phase lines of all land to be platted in phases by
separate final plats. A request for a phasing plan shall be subject to the approval of the
Town Council.
(2) Application fee receipt. A receipt shall also be submitted with the preliminary site
evaluation showing that the application fees as prescribed by the fee schedule in effect at
the time have been paid.
(c) Distribution, hearing and review.
(1) Distribution of copies. The preliminary site evaluations and any other required
documents shall be distributed by the town staff.
Written comments from outside utilities or others are due at least six working days
prior to the meeting of the planning and zoning commission at which the preliminary site
evaluation is to be considered.
(2) Written report. A written report reviewing the proposed subdivision shall be
prepared by the town engineer, with a copy provided to the applicant three days before
the planning and zoning commission's hearing, incorporating the comments of the town
engineer and other officials and agencies to whom a request for review has been made,
and generally reviewing the application, and submitted to the planning and zoning
commission prior to the public hearing on the subdivision preliminary site evaluation
application.
(d) Standards for approval for preliminary site evaluation. No preliminary site
evaluation shall be recommended or approved by the town engineer, planning and zoning
commission or Town Council unless the following standards have been met:
(1) Provision for adequacy, pursuant to article III of this chapter, installation and
dedication of public improvements has been made.
(2) The preliminary site evaluation conforms generally to the goals and policies of the
town Comprehensive Plan and the Thoroughfare Plan incorporated therein.
(3) The preliminary site evaluation meets all other requirements of this chapter.
(4) The preliminary site evaluation is consistent with an approved or submitted
concept plan or development plan where applicable.
Ordinance XXX
Page 6 of 20
(e) Approval procedure.
(1) Planning and zoning commission decisions. Following review of the preliminary
site evaluation and other materials submitted for conformity thereof to these regulations,
the planning and zoning commission shall recommend only approval as submitted,
approval with conditions or denial of the submitted preliminary site evaluation.
a. Recommended approval. Preliminary site evaluation recommended for approval
or conditional approval shall be filed for hearing by the Town Council.
b. Recommended denial. Preliminary site evaluation not recommended for approval
may be processed, at the option of the applicant, in one of the two following ways:
1. The preliminary site evaluation may be revised in accordance with the
recommendations of the planning and zoning commission and refiled for reconsideration
at a regularly scheduled planning and zoning commission meeting; or
2. The preliminary site evaluation recommended for denial may be filed for hearing
at a regularly scheduled Town Council meeting.
(2) Recording of commission action. The action of the planning and zoning
commission shall be noted on two copies of the preliminary site evaluation, referenced
and attached to any conditions determined. One copy shall be returned to the subdivider
or developer and the other retained in the files of the town staff. A notation of the action
taken on each preliminary site evaluation and requisite reasons therefor shall be entered
in the minutes of the planning and zoning commission.
(3) Forward preliminary site evaluation to Town Council. The town engineer shall
submit the preliminary site evaluation with the recommendations established by the
planning and zoning commission to the Town Council for their consideration, with a
copy provided to the applicant. Seven additional copies of the preliminary site evaluation
should be submitted to the Town Council through the town engineer not less than 15 days
prior to the Council meeting at which consideration is desired.
(4) Town Council consideration of preliminary site evaluation. After review of the
preliminary site evaluation, any and all reports and recommendations as submitted
pursuant to these regulations, and any exhibits submitted at the public hearing, the Town
Council shall approve or deny the preliminary site evaluation. The action of the Town
Council shall be noted on two copies of the preliminary site evaluation. One copy shall be
returned to the subdivider or developer and the other retained in the town files.
(f) Effect of decision. Approval of a preliminary site evaluation authorizes the
property owner, upon fulfillment of all requirements and conditions of approval, to
submit an application for final plat approval. Approval of a preliminary site evaluation by
Ordinance XXX
Page 7 of 20
the Town Council also constitutes authorization for the town engineer to release
construction plans following his/her review and final approval. Upon release of the
construction plans, the town engineer shall issue a certificate indicating the construction
plans have been released and construction of the public improvements are thereafter
authorized and that grading by the property owner may commence. Additional
certificates may be issued by the town engineer authorizing the construction of private
utilities or facilities on a phased schedule, subject to permit standards otherwise
applicable.
Conditional approval of the preliminary site evaluation by the Town Council ,
however, shall not constitute approval of the final plat.
(g) Amendments to preliminary site evaluation.
(1) Major and minor amendments. At any time following the approval of a
preliminary site evaluation and before lapse of the approval, a property owner may
request an amendment to the approved preliminary site evaluation. All amendments must
conform to the zoning requirements for that property. The requested amendment shall be
classified as a major amendment or minor amendment according to the following criteria:
a. Major amendments include the rerouting of streets, rights-of-way or utility
easements or utility locations, addition or deletion of alleys, or addition or deletion of
more than ten percent of the approved number of lots. Amendments must conform to the
zoning requirements for the property.
b. Minor amendments include the adjustment of street and alley alignments, rights-
of-way or utility easements or utility locations, lengths, and paving details, the addition or
deletion of lots within ten percent of the approved number, and the adjustment of lot
lines; provided that all amendments shall conform to the zoning requirements for the
property.
c. The town engineer may approve or disapprove a minor amendment. Disapproval
may be appealed to the Planning and Zoning Commission and Town Council. Major
amendments may be approved by the Planning and Zoning Commission and the Town
Council at a public meeting in accordance with the same requirements for the approval of
a preliminary site evaluation.
(2) Approval of amendments. The planning and zoning commission shall recommend
and the Town Council shall approve, conditionally approve or disapprove any proposed
major amendment and may make any modifications in the terms and conditions of
preliminary site evaluation approval reasonably related to the proposed amendment.
Ordinance XXX
Page 8 of 20
(3) Retaining previous approval. If the applicant is unwilling to accept the proposed
amendment under the terms and conditions required by the town, the applicant may
withdraw the proposed amendment and the project as originally submitted will retain the
previous approval.
(h) Lapse of approval, extension and reinstatement procedure.
(1) Lapse of preliminary site evaluation approval. A preliminary site evaluation
expires two years from the date of approval by Town Council, and shall not be extended
by any subsequent approval of any major amendments or minor amendments and such
preliminary site evaluation shall be null and void thereafter, unless a final plat application
for the area depicted in the preliminary site evaluation has been filed with the town unless
an extension has been requested within the two-year period and approved by Town
Council. Thereafter, the applicant shall be required to submit a new preliminary site
evaluation subject to the then-existing subdivision regulations.
(2) Petition for extension or reinstatement of approval. Prior to the lapse of approval
for preliminary site evaluation as provided in these regulations, the property owner may
petition the Town Council to extend or reinstate the approval. The petition shall be
considered at a public meeting of the Town Council.
(3) Decision by the planning and zoning commission. In determining whether to grant
the request, the Town Council shall take into account the reasons for lapse, the ability of
the property owner to comply with any conditions attached to the original approval and
the extent to which newly adopted subdivision regulations shall apply to the preliminary
site evaluation or study. The Town Council shall either extend or reinstate the
preliminary site evaluation, or it shall deny the request, in which instance the property
owner must submit a new application for approval.
(4) Length of time for extended or reinstated preliminary site evaluation. The Town
Council may specify a shorter time for lapse of the extended or reinstated preliminary site
evaluation than is applicable to original approvals.
Sec. 82-36. - Procedure for final plat approval.
(a) Purpose and applicability.
(1) Purpose. The purpose of a final plat is to enable recording of the subdivision of
property that includes the elements specified in V.T.C.A., Local Government Code §
212.004, and which complies with the requirements of V.T.C.A., Local Government
Code § 212.010.
(2) Applicability. A final plat shall be required for all subdivisions of property
provided for in V.T.C.A., Local Government Code § 212.004.
Ordinance XXX
Page 9 of 20
(3) Preliminary site evaluation requirement. Unless otherwise provided by the UDC,
all final plats shall be prepared in accordance with an approved preliminary site
evaluation. A final plat may constitute a portion of the total area of the preliminary site
evaluation if a phasing plan has been included on the approved preliminary site
evaluation provided that any final plat shall include all phases that have received previous
final plat approval. The phasing plan shall include the entire area that was the subject of
the preliminary site evaluation.
(b) Timing of public improvements.
(1) Public improvements prior to signing plat. The Town Council may require that all
public improvements be constructed, offered for dedication and accepted by the town
prior to the signing of the final plat. The Town Council may permit the deferral of the
construction of public improvements if in its judgment deferring the construction would
not result in any harm to the public, or would offer significant advantage in coordinating
the site's development with adjacent properties and off-site public improvements. Any
required public improvement approved for deferred construction must be provided for as
required in article III of this chapter prior to approval of the final plat.
(2) If public improvements are not completed. If the Town Council does not require
that all public improvements be installed, offered for dedication and accepted by the town
prior to signing of the final plat by the presiding officer, it shall require the applicant to
execute a subdivision improvement agreement and provide security for the agreement as
provided in section 82-61.
(3) Where no preliminary site evaluation is required. This procedure shall also apply
to the approval of a final plat if the preliminary site evaluation is not required.
(c) Submittal requirements. A minimum of five paper copies and a digital copy of the
final plat. together with a computer file of the final plat on media as specified by the
town engineer in either autocad, DXF format or other format, and three sets of
engineering plans shall be submitted to the town engineer at least 15 days prior to the
meeting at which consideration is desired. More paper copies may be required by staff.
This plat shall be submitted at a scale of 100 feet to one inch (for small subdivisions, at a
scale of 50 feet to one inch) and the final plat shall show or be accompanied by the
following information:
(1) The name of the owner and/or subdivider and of the surveyor responsible for the
plat and the following language:
"Notice: Selling a portion of this addition by metes and bounds is a violation of the
town ordinance and state law and is subject to fines and withholding of utilities and
building permits."
Ordinance XXX
Page 10 of 20
(2) The name of the subdivision and adjacent subdivisions, the names of streets (to
conform wherever possible to existing street names) and number of lots and blocks, in
accordance with a systematic arrangement.
(3) An accurate boundary survey of the property, with bearings and distances,
referenced to survey lines and established subdivisions, and showing the lines of adjacent
lands and the lines of adjacent streets, with their width and names. Street and lot lines in
adjacent subdivisions shall be shown in dashed lines.
(4) Location of proposed lots, streets, public highways, parks and other features, with
accurate dimensions in feet and decimal fractions of feet, with the length of radii and of
arcs of all curves, all angles, and with all other engineering information necessary to
reproduce the plat on the ground. Dimensions shall be shown from all angle points.
Contours, with an interval of two feet or less as governed by the topography, shall be
submitted on a separate sheet and shall be at the same scale as the plat. All elevations
shown shall be referred to town datum. All lots on building sites shall conform to the
minimum standards for the area, width and depth prescribed by chapter 102 for the
district or districts in which the subdivision is located.
(5) The location of building lines on front and side streets and the location of utility
easements.
(6) An instrument of dedication signed and acknowledged by the owner or owners
and by all other persons who have a mortgage or lien interest in the property, showing all
restrictions, reservations and/or easements, if any, to be imposed and reserved in
connection with the addition.
(7) A certificate of dedication incorporating irrevocable offers of dedication to the
public of all streets, public highways, public facilities, parks and other land intended for
public use, signed by the owner or owners and by all other persons who have a mortgage
or lien interest in the property. The certificate of dedication shall incorporate the standard
easement language of the town as jointly prepared by the town attorney and the town
engineer. The plat shall be marked with a notation indicating the formal offers of
dedication. All deed restrictions required by this chapter or agreed to be filed with the
plat shall be submitted with the final plat.
(8) Receipt showing that all taxes are paid.
(9) Certification by a surveyor, duly licensed by the state, to the effect that the plan
represents a survey made by him/her, and that all the necessary survey monuments are
correctly shown thereon, in accordance with section 82-8.
Ordinance XXX
Page 11 of 20
(10) The following certificates shall be placed on the plat in a manner that will
allow them to be clearly visible on the final plat:
APPROVED BY THE TOWN OF WESTLAKE, TEXAS,
on the ____________/____________/____________ day of ____________
20____________.
ATTEST:
_____
Town Secretary
_____
Presiding Officer
(11) Final plats shall be accompanied by two paper sets of record drawings and
a digital copy of said record drawings. Additional requirements pursuant to a subdivision
improvement agreement under Article 3 of this chapter shall also be met.
(12) Final plats shall be accompanied by a lot grading plan drawn at a scale of
100 feet to one inch in accordance with the town's Engineering Standards.
(13) When more than one sheet is used for a plat, a key map showing the entire
subdivision at smaller scale with block numbers and street names shall be shown on one
of the sheets or on a separate sheet of the same size.
(14) The subdivision improvement agreement and security, if required, in a
form satisfactory to the town attorney and in accordance with Article 3 of this chapter,
and shall include a provision that the property owner shall comply with all the terms of
the final plat approval as determined by the Town Council.
(15) A plat fee, together with other authorized fees applicable to the
development, in accordance with the fee schedule applicable at the time of plat filling.
(16) Certification by a surveyor to the effect that the plat represents a survey
made by him/her and that all the monuments shown thereon actually exist, and that their
location, size, and material description are correctly shown, and that the survey correctly
shows the location of all visible easements and all rights-of-way, easements and other
matters of record affecting the property being platted.
(17) Boundary survey closure and area calculations.
(18) Protective covenants (deed restrictions) whereby the subdivider proposes
to regulate land use or development standards in the subdivision.
Ordinance XXX
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(19) The accurate location, material, and size of all monuments approved by
the town engineer. For subdivisions larger than 30 acres, global positioning systems
(GPS) shall be used to establish the location of a minimum of two corners of the
subdivision or addition. The establishing of the location of one additional monument by
global positioning systems may be required for each additional 20 acres or fraction
thereof for developments that are larger than 50 acres. These monuments shall be tied
vertically and horizontally to the town's existing global positioning systems coordinate
system. All global positioning system coordinates shall be determined such that the
maximum error does not exceed 0.1 feet. Elevations and the location of all other
subdivision corner monuments shall be established to at least third order accuracy.
(20) Title information. Each plat submitted for preliminary site evaluation shall
be accompanied by a certificate or letter from a title guaranty company or title attorney
indicating a current search and certifying to at least the following concerning title to the
land:
a. Name of the fee owner as of the date of examination and the date, file number,
volume and page of the recording of the deed involved.
b. The name, file number, date of filing and volume and page of any lien-holders.
c. A general description of any existing easements or fee strips granted, along with
the file number, date of filing, and volume and page of recording.
(21) That all residential final plats contain the following owner's dedication
language:
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
THAT [Name of Property Owner(s)] DO HEREBY ADOPT THIS PLAT,
DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS [Name of
Subdivision] , AN ADDITION TO THE TOWN OF WESTLAKE, [TARRANT or
DENTON] COUNTY, TEXAS. THE EASEMENTS THEREON ARE HEREBY
RESERVED FOR THE PURPOSES INDICATED. THE UTILITY AND FIRE LANE
EASEMENTS SHALL BE HELD IN TRUST FOR THE PUBLIC BY THE TOWN,
AND AS APPLICABLE, OPEN TO FIRE AND POLICE UNITS, GARBAGE AND
RUBBISH COLLECTION AGENCIES AND THE PUBLIC AND PRIVATE
UTILITIES SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE FOR
THE USE OF A PARTICULAR EASEMENT OR THE PUBLIC. THE
MAINTENANCE OF PAVING OR ANY OTHER SURFACE ON THE UTILITY AND
FIRE LANE EASEMENTS IS THE SOLE RESPONSIBILITY OF THE PROPERTY
OWNER. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER
IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED,
Ordinance XXX
Page 13 of 20
RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS
AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED FOR MUTUAL
USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES SPECIFICALLY
APPROVED BY THE TOWN OF WESTLAKE. ANY PUBLIC UTILITY
SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE TO USE A
PARTICULAR EASEMENT SHALL HAVE THE RIGHT TO REMOVE AND KEEP
REMOVED ALL OR PART OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR
OTHER IMPROVEMENTS OR GROWTHS WITHIN THE EASEMENT OR RIGHT-
OF-WAY WHICH IN ANY WAY MAY ENDANGER OR INTERFERE WITH THE
CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF ITS SYSTEM ON THE
EASEMENT AND THAT PUBLIC UTILITY SHALL AT ALL TIMES HAVE FULL
RIGHT OF INGRESS AND EGRESS TO OR FROM AND UPON THE EASEMENT
FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING,
PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PART
OF ITS SYSTEM, SUBJECT TO COMPLYING WITH ALL ORDINANCES, RULES,
REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS.
THE TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY SHALL HAVE
THE RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE
PURPOSE OF READING METERS, MAINTENANCE AND SERVICE REQUIRED
OR ORDINARILY PERFORMED BY THAT UTILITY.
WATER MAIN AND WASTEWATER EASEMENTS SHALL ALSO INCLUDE
ADDITIONAL AREA OF WORKING SPACE FOR CONSTRUCTION AND
MAINTENANCE OF THE SYSTEMS. ADDITIONAL AREA IS ALSO CONVEYED
FOR INSTALLATION AND MAINTENANCE OF MANHOLES, CLEANOUTS, FIRE
HYDRANTS, WATER SERVICES AND WASTEWATER SERVICES FROM THE
MAIN TO THE CURB OR PAVEMENT LINE. DESCRIPTION OF THESE
ADDITIONAL EASEMENTS HEREIN GRANTED SHALL BE DETERMINED BY
THEIR LOCATION AS INSTALLED.
THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE,
TEXAS.
WITNESS MY HAND THIS THE ____________ DAY OF ____________,
____________.
By:
[Name of Property Owner(s)]
Ordinance XXX
Page 14 of 20
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED [Name of
Property Owner(s)] , KNOWN TO ME TO BE THE ONE WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND
CONSIDERATIONS THEREIN EXPRESSED.
NOTARY PUBLIC, STATE OF TEXAS
All nonresidential final plats shall contain the following owner's dedication language:
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
THAT ____________, DO HEREBY ADOPT THIS PLAT, DESIGNATING THE
HEREIN ABOVE DESCRIBED PROPERTY AS ____________, AN ADDITION TO
THE TOWN OF WESTLAKE, [TARRANT or DENTON] COUNTY, TEXAS. THE
EASEMENTS THEREON ARE HEREBY RESERVED FOR THE PURPOSES
INDICATED, AND IN ACCORDANCE WITH THE EASEMENT DOCUMENTS
FILED WITH THE TOWN OF WESTLAKE AND [TARRANT or DENTON]
COUNTY. THE UTILITY AND FIRE LANE EASEMENTS SHALL BE OPEN TO
FIRE AND POLICE UNITS, GARBAGE AND RUBBISH COLLECTION AGENCIES
AND THE PUBLIC AND PRIVATE UTILITIES FOR WHICH THE EASEMENT IS
RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN OF
WESTLAKE FOR THE USE OF A PARTICULAR EASEMENT. THE
MAINTENANCE OF PAVING OR ANY OTHER SURFACE ON THE UTILITY AND
FIRE LANE EASEMENTS IS THE SOLE RESPONSIBILITY OF THE PROPERTY
OWNER. NO BUILDINGS, OR OTHER PERMANENT IMPROVEMENTS SHALL
BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS
THE EASEMENTS AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED
FOR USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES FOR WHICH
THE EASEMENT IS RESERVED, AND AS SPECIFICALLY APPROVED BY THE
TOWN OF WESTLAKE. ANY PUBLIC UTILITY FOR WHICH THE EASEMENT IS
RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN OF
WESTLAKE TO USE A PARTICULAR EASEMENT SHALL HAVE THE RIGHT TO
REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDINGS OR
Ordinance XXX
Page 15 of 20
OTHER IMPROVEMENTS WHICH IN ANY WAY MAY ENDANGER OR
INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF
ITS SYSTEM IN THE EASEMENT AND THAT PUBLIC UTILITY SHALL AT ALL
TIMES HAVE FULL RIGHT OF INGRESS AND EGRESS UPON THE EASEMENT
FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING,
PATROLLING, AND MAINTAINING AND ADDING TO OR REMOVING ALL OR
PART OF ITS SYSTEM, SUBJECT TO COMPLYING WITH ALL ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE,
TEXAS, AND IN ACCORDANCE WITH THE EASEMENT DOCUMENTS FILED
WITH THE TOWN OF WESTLAKE AND [TARRANT or DENTON] COUNTY. THE
TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY SHALL HAVE THE
RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE PURPOSE
OF READING METERS, MAINTENANCE AND SERVICE REQUIRED OR
ORDINARILY PERFORMED BY THAT UTILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PLAT, THE
OWNERS, FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS,
RESERVE AND RETAIN THE RIGHT TO GRANT OTHER RIGHTS AND
EASEMENTS ACROSS, OVER OR UNDER THE EASEMENT TRACT(S) TO SUCH
OTHER PERSONS AS THE OWNERS DEEM PROPER, PROVIDED SUCH OTHER
GRANTS ARE SUBJECT TO THE EASEMENTS TO THE TOWN OF WESTLAKE
GRANTED IN THIS PLAT OR THE EASEMENT DOCUMENTS, AND THE USES
GRANTED DO NOT MATERIALLY INTERFERE WITH THE USE OF SAID
EASEMENTS BY THE TOWN OF WESTLAKE FOR THE PURPOSES SET FORTH
HEREIN AND THE TOWN APPROVES SAID ADDITIONAL EASEMENTS OR
ADDITIONAL USES IN WRITING. ANY DAMAGES TO FACILITIES LOCATED
IN SAID EASEMENTS AS A RESULT OF THE USE GRANTED TO SUCH OTHER
PERSON SHALL BE PROMPTLY REPAIRED BY SUCH OTHER PERSON, AND
THE TOWN OF WESTLAKE SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO SUCH OTHER PERSON'S FACILITIES IN CONNECTION WITH THE
USE OF SAID EASEMENT BY THE TOWN OF WESTLAKE.
IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THIS PLAT, THE OWNERS, AND THEIR SUCCESSORS AND ASSIGNS, MAY
USE THE EASEMENT TRACT(S) IDENTIFIED IN THE EASEMENT
DOCUMENTS, AND SHOWN WITHIN THE BOUNDARIES OF THE PLATTED
PROPERTY FOR PAVING, PEDESTRIAN WALKWAY, PARKING,
LANDSCAPING AND AERIAL IMPROVEMENT PURPOSES (THE
"IMPROVEMENTS"), WHICH DO NOT MATERIALLY INTERFERE WITH OR
PREVENT THE USE BY THE TOWN OF WESTLAKE OF SAID EASEMENTS FOR
THE PURPOSES SET FORTH HEREIN. ANY DAMAGES TO FACILITIES
Ordinance XXX
Page 16 of 20
LOCATED IN THE EASEMENTS IDENTIFIED ON THE PLATTED PROPERTY AS
A RESULT OF SUCH USES SHALL BE PROMPTLY REPAIRED BY THE THEN-
CURRENT OWNER OF THE PLATTED PROPERTY THAT CAUSED SUCH
DAMAGE, AND THE TOWN OF WESTLAKE SHALL HAVE NO
RESPONSIBILITY FOR ANY DAMAGES TO THE IMPROVEMENTS IN
CONNECTION WITH THE USE OF SAID EASEMENTS BY THE TOWN OF
WESTLAKE.
THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES,
RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE,
TEXAS.
WITNESS MY HAND THIS THE ____________ DAY OF
____________/____________/____________, ____________.
By:
[Name of Property Owner(s)]
STATE OF TEXAS §
§
COUNTY OF [TARRANT or DENTON] §
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED [Name of
Property Owner(s)] , KNOWN TO ME TO BE THE ONE WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND
CONSIDERATIONS THEREIN EXPRESSED.
NOTARY PUBLIC, STATE OF TEXAS
(d) Distribution and review.
(1) Distribution of copies. Final plats and engineering plans shall be distributed by
the town engineer or town secretary.
Ordinance XXX
Page 17 of 20
(2) Staff report. A staff report shall be prepared and a copy provided to the applicant
and submitted prior to the planning and zoning commission hearing on the final
subdivision plat application stating the comments of the subdivision review. After
preparation of the report, the final plat and report shall be filed with the planning and
zoning commission for consideration at its next regularly scheduled meeting.
(e) Standards for approval; requirements.
(1) Standards for approval. No final plat shall be recommended or approved by the
town engineer, planning and zoning commission or Town Council unless the following
standards have been met:
a. The plat substantially conforms to the preliminary site evaluation, if a preliminary
site evaluation was required.
b. Required public improvements have been constructed and accepted or a
subdivision improvement agreement has been accepted by the town providing for the
subsequent completion of improvements.
c. The plat conforms to the town's Comprehensive Plan, Thoroughfare Plan, Master
Plans for Utilities and Drainage, and all applicable zoning and other regulations.
d. Provision has been made for adequate public facilities under the terms of this
chapter.
e. The plat meets all other requirements of this chapter.
f. Payment of all fees has been made.
(2) Requirement for approval. The town engineer, planning and zoning commission
or Town Council shall recommend or approve the plat if:
a. It conforms to the town's Comprehensive Plan and the Master Plan for Utilities
and Drainage and its current and planned streets, alleys, parks, open space, and public
utility facilities;
b. It conforms to the town's Comprehensive Plan and the Master Plan for Utilities
and Drainage for the extension of roads, streets, and public highways within the town and
in its extraterritorial jurisdiction, taking into account access to and extension of sewer and
water mains and the instrumentalities of public utilities;
c. Any applicable bonds are filed; and
d. It conforms to subsection (e)(1) “Standards for Approval” of this section.
(f) Approval procedure; recording of action.
Ordinance XXX
Page 18 of 20
(1) Approval procedure. After review of the final plat, the town engineer shall place
the final plat for decision on the agenda of a public meeting of the planning and zoning
commission. Minor plats may be approved by the engineer or referred to the Planning
and Zoning Commission and Town Council. Following review of the final plat and other
materials submitted for conformity thereof to these regulations, the planning and zoning
commission shall recommend approval or denial of the submitted final plat to the Town
Council.
a. Recommended approval. Final plats recommended for approval shall be filed for
hearing by the Town Council.
b. Recommended denial. Final plats not recommended for approval may be
processed in one of the two following ways:
1. Final plat may be withdrawn and revised in accordance with the recommendations
of the planning and zoning commission and refiled for reconsideration at a regularly
scheduled planning and zoning commission meeting; or
2. The final plat recommended for denial may be filed for hearing at the next
regularly scheduled Town Council meeting, with or without the recommend changes.
c. Minor plats.
Minor plats may be approved as set out in this chapter and state law.
(2) Recording of commission action. The action of the planning and zoning
commission shall be noted on two copies of the final plat, referenced and attached to any
conditions determined. One copy shall be returned to the subdivider or developer and the
other retained in the files of the town staff. A notation of the action taken on each final
plat and requisite reasons therefor shall be entered in the minutes of the planning and
zoning commission.
(g) Certificate of compliance. Upon final approval of a final plat required by these
regulations, the Town Council shall issue to the person applying for approval a certificate
stating that the final plat has been approved by the town. For purposes of this section,
final approval shall not occur until all conditions of approval have been met.
(h) Effect of decision.
(1) Effect of approval of final plat. Approval of a final plat shall certify compliance
with the regulations of the town pertaining to the subdivision of land. An approved and
signed final plat may be filed with the county as a record of the subdivision of land and
may be used to reference lots and interests in property thereon defined for the purpose of
conveyance and development as allowed by these regulations.
Ordinance XXX
Page 19 of 20
(2) Effect of denial. In the case of a denial of a final plat, the town shall advise the
subdivider as to future requirements to obtain approval of the plat.
(i) Signing and recording of final plat.
(1) When improvement agreement and security are required. When a subdivision
improvement agreement and security are required, the presiding officer and the town
secretary shall endorse approval on the final plat after the agreement and security have
been approved by the Town Council, and all the conditions pertaining to the final plat
have been satisfied.
(2) When installation of public improvements is required. There shall be written
evidence that the required public facilities have been installed in a manner satisfactory to
the town as shown by a certificate signed by the town engineer stating that the necessary
dedication of public lands and installation of public improvements has been
accomplished.
(3) Recording final plat and agreements. It shall be the responsibility of the town
engineer to file the final plat with the county clerk. Simultaneously with the filing of the
final plat, the town engineer shall record such other agreements of dedication and legal
documents as shall be required by these regulations. The final plat bearing all required
signatures, shall be recorded after final approval. One copy of the recorded final plat will
be forwarded to the property owner by the town engineer.
SECTION 3: All rights and remedies of the Town of Westlake, Texas, are expressly
saved as to any and all violations of the provisions of the prior ordinance sections which existed
at the time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, the same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 4: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
Ordinance XXX
Page 20 of 20
SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances of the
Town except where the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS _____ DAY OF ____________ 20________.
____________________________
Laura Wheat, Mayor
ATTEST:
_______________________________ _______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
_______________________________
L. Stanton Lowry, Town Attorney
Planning
and Zoning
Item # 5 – Adjournment
Work Session
Back up material has not
been provided for this
item.
P&Z Minutes
04/25/16
Page 1 of 3
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
April 25, 2016
PRESENT: Chairman Tim Brittan, Commissioners Liz Garvin, Ryan Groce, and Michelle Lee.
Greg Goble arrived at 4:54 p.m. Alternate present: Sharon Sanden
ABSENT: Alternate Ken Kraska
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kelly Edwards, Assistant Town Manager Amanda
DeGan, Director of Public Works Jarrod Greenwood, Finance
Director Debbie Piper, Director of Park & Recreation and Facilities
Troy Meyer, Director of Information Technology Jason Power, and
Management Intern Joel Enders.
Regular Session
1. CALL TO ORDER
Chairman Brittan called the regular session to order at 4:07 p.m.
2. DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING
HELD ON MARCH 21, 2016.
MOTION: Commissioner Groce made a motion to approve the minutes.
Commissioner Garvin seconded the motion. The motion carried
by a vote of 4-0.
P&Z Minutes
04/25/16
Page 2 of 3
3. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING A PLANNED DEVELOPMENT ZONING DISTRICT (PD) SITE PLAN
FOR AN APPROXIMATELY .58-ACRE PORTION OF PLANNED DEVELOPMENT
DISTRICT 1, PLANNING AREA 2 (PD 1-2), ESTABLISHED BY ORDINANCE 703
FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114,
EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD, COMMONLY
KNOWN AS WESTLAKE ENTRADA. THE AREA SHOWN ON THIS PD SITE PLAN IS
A PORTION OF THE ENTRADA RESIDENTIAL AREA, AND IS LOCATED NEAR THE
INTERSECTION OF SOLANA BOULEVARD, GRANADA TRAIL, AND CORTES DRIVE.
Management Intern Enders and Mr. Robin McCaffrey, Mesa Planning, provided a
presentation and overview of the item.
Mr. Ralph Bush, Bush Design & Associates, representing the applicant, provided an
overview of the proposed residential area.
Discussion ensued regarding the architype, connectivity, square footage per unit, proposed
lake lots, phasing schedule, density per lot, additional parking for residences, speed limits,
similar materials, satellite dishes, deed restrictions, maintenance agreement with the
HOA/POA, storm drainage, streets, landscaping, trash and recycling locations, and the
ability to allow for larger homes.
Chairman Brittan opened the public hearing.
No one addressed the Commission.
Chairman Brittan closed the public hearing.
MOTION: Commissioner Lee made a motion to recommend approval of the
Specific Use Permit with the following conditions: 1. Fulfillment of
all zoning requirements as set out in Ordinance 703 in addition to
the conditions accepted by the Town Council at the time of zoning
approval (April 22, 2013). 2. All the Development Plan conditions
for approval established in Ordinance 720 (adopted October 28,
2013) apply to this PD Site Plan. 3. All building elevations shown
on this PD Site Plan include the requirement that structures meet
all aspects of the Entrada Design Guidelines established in
Ordinance 703 and Ordinance 760. 4. Town Staff will review and
approve a materials sample palette that shall be presented at the
time building plans are submitted for review and said materials
must comport to elevations as presented to the Staff and the
Planning & Zoning Commission. 5. Where building walls face the
street, particularly at intersections, the Town may require wall
mounted, ceramic tile street name signs as shown in the approved
Design Guidelines in the interest of space and/or aesthetics. 6.
The following statements shall be added to the PD Site Plan to
clarify the scope of Site Plan approval: 1) PD Site Plans are
P&Z Minutes
04/25/16
Page 3 of 3
recommended for approval based on a determination that the
plans reflect general compliance with the approved PD Concept
Plan, PD Development Plan, Master Landscape Plan, Design
Guidelines, and other PD ordinance regulations. The individual
building elevations are approved conceptually, subject to
compliance with PD Design Guidelines to be shown in detail on
construction plans that are to be submitted when applying for a
building permit. 2) Construction Drawings submitted along with an
application for a Building Permit will be reviewed for detailed
compliance with Design Guidelines and compliance with the
approved PD Site Plan as well as other PD ordinance regulations,
the Code of Ordinances, the UDC, and the International Code
Council (ICC) construction codes. 3) The individual lots shown on
this PD Site Plan are approved conceptually, and must be
reflected on an approved amended Final Plat prior to the issuance
of any building permits for vertical construction. 7. A Certificate
of Occupancy shall not be issued for any building shown on this
PD Site Plan prior to the availability of adequate emergency
access as determined by the Westlake Fire Marshal.
Commissioner Groce seconded the motion. The motion carried by
a vote of 5-0.
4. ADJOURNMENT
There being no further business to come before the Commissioners, Chairman Brittan
asked for a motion to adjourn.
MOTION: Commissioner Garvin made a motion to adjourn the meeting.
Commissioner Goble seconded the motion. The motion carried by
a vote of 5-0.
Chairman Brittan adjourned the meeting at 5:06 p.m.
APPROVED BY THE PLANNING AND ZONING COMMISSION ON AUGUST 1, 2016.
________________________________
ATTEST: Chairman, Tim Brittan
______________________________
Kelly Edwards, Town Secretary
Page 1 of 3
estlake Planning and Zoning Commission
TYPE OF ACTION
Regular Meeting - Action Item
Monday, August 01, 2016
TOPIC: Conduct a Public Hearing and Consider Recommendation of an
application to replat an approximately 2.616-acre portion of Planned
Development District 1, Planning Area 2 (PD 1-2), established by
Ordinance 703 for the property generally located south of State Highway
114, east of Davis Boulevard, and north of Solana Boulevard, commonly
known as Westlake Entrada. The replat shows Block I, Lots 1 and 2X,
and Block J, Lots 11-16, 17X, 18X, and 19X; the proposed lots are located
near the intersection of Solana Boulevard, Granada Trail, and Cortes
Drive.
STAFF CONTACT: Joel Enders, Development Coordinator & Management Analyst
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned / Responsible
Development
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 1, 2016 Completion Date: August 22, 2016
Funding Amount: 00.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Ordinance 761, approved December 14, 2015, approved a final plat of Entrada that included
Block M (Primrose site), Block N (CVS Site), Block O (Information Center site), and Block A
(Retail Corner site). The remainder of Entrada Phase I was platted as Block B, Lot 1 (see
Attachment 1). This final plat was approved in an effort to accommodate closing deadlines
related to a CVS Pharmacy and Primrose School, and was accompanied by an amendment to the
Development Agreement (Res. 15-35, attached) to ensure timely completion of infrastructure
and acquisition of offsite easements necessary to serve Blocks M, N, O, and A. At the time
Page 2 of 3
Ordinance 761 was approved, it was understood that the developer would eventually need to
replace Block B, Lot 1 via replat or replats in order to fully define the necessary lots, easements,
rights-of-way, roads, etc. that were omitted from the first plat.
Instead of a single, comprehensive replat, the developer has chosen to submit a number of replats
that define sections of what is currently Block B, Lot 1. The application under consideration
establishes (1) Block J, including six residential lots, related easements, and rights-of-way, (2)
Block I Lot 1, (3) portions of Catalonia Drive, Cardona Drive, Cortes Drive, and Castellon
Drive, and (4) common area lots (depicted as lots 2X and 17X-20X on the replat). Residential
vehicular access is provided by a public access and utility easement (Catalonia Court), which
will be privately maintained but publicly accessible.
Pursuant to Entrada’s zoning (Ordinance 703), every lot, parcel, and tract in the development is
subject to PD Site Plan approval. Elevations, lot layout, and architectural details related to Block
J were approved via PD Site Plan on April 25, 2016 (Ord. 783), and Town staff has determined
that the plat under consideration substantially comports to the approved PD Site Plan. A PD Site
Plan for Block I is currently in the process of review and revision by Town staff and the
developer. When this PD Site Plan is brought forward for legislative approval, a replat of Block
I will be required in order to establish the lots, easements, rights-of-way, roads, etc. necessary to
support that specific area.
Town staff has determined that the subject replat substantially comports to the Entrada
Development Plan (Ordinance 720) and Preliminary Plat (Resolution 13-32).
Approval of this final plat is a prerequisite to the issuance of building permits for the first six
residential homes, but is not the only remaining requirement that the developer must meet:
1. Resolution 14-46 (attached), which amends the Entrada Economic Development agreement,
specifies that the developer must pay the Town $10,000 per residential unit depicted on
the approved PD Site Plan prior to the signing of each respective plat, to be used for the
benefit of Westlake Academy.
2. Exhibit A, Section 3(F) of the Entrada Development Agreement (Resolution 13-34,
attached), states that “There will be no building permits for the Development issued until
all public and private infrastructure for Phase 1, as shown on the approved
Development Plan and Preliminary Plat for the Development, has been completed and
accepted by the Town, unless a separate agreement for issuance of building permits that
amends this Agreement has been entered into and agreed to by the Town and the Developer.”
Note that the amendment to the Entrada Development Agreement specified in Resolution 15-
35 (attached) are only applicable to Blocks M, N, O, and A, and do not apply to the area
shown on this subject replat.
Staff recommended the amendment to the Entrada Development Agreement in order to facilitate
initial development; the developer may begin vertical construction prior to infrastructure
completion and acceptance in Blocks M, N, O, and A, but all public and private infrastructure
must be completed and accepted by the Town prior to the issuance of a Certificate of Occupancy
for any residential or commercial structure. All public and private infrastructure associated with
Page 3 of 3
areas of Phase 1 outside these four blocks must be completed and accepted prior to the issuance
of any building permit for vertical construction.
The developer has preliminarily approached Town staff regarding modification of Entrada’s
phasing plan, which would require additional amendments to the Entrada Development
Agreement and the approval of Town Council. However, in no circumstance will Town staff
recommend any agreement that would allow for the issuance of a building permit prior to the
completion and acceptance of all public and private infrastructure necessary to serve a particular
area.
RECOMMENDATION
Staff recommends approval of this application for replat.
ATTACHMENTS
1. Existing Entrada Final Plat, approved 12/14/15 (Ord. 761)
2. Amendment to Entrada Economic Development Agreement, Resolution 14-46
3. Entrada Development Agreement, Resolution 13-34
4. Amendment to Entrada Development Agreement, Resolution 15-35
5. Replat document for consideration
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VOL. 9172, PG. 770- 777 Network-Texas State Plane Coordinate System, NAD83, North Central Zone (4202).
MAGUIRE PARTNERS- SOLANA LAND L.P. D. R.T.C.T. // / // / /
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PROPOSED
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BY NESPT j ATE/
3 separate instrument without written approval by the Town of Westlake.
53. 038 S.F.h
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ly
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MAGUIRE PARTNERS-SOLANA LAND, L.P. EX. PUBLIC ACCESS & I P.R.T.C.T. PLAT RECORDS, TARRANT COUNTY,TEXAS
TRACT 2 UTILITY EASEMENT O.P.R.T.C.T. OFFICIAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS
VOL. 16858, PG. 176 VOL. 9172, PG.C. C.F.# COUNTY CLERK FILE NUMBER
D.R.T.C.T.T.770-777 D. R.T.C.T.T.W.MEDLIN SURVEY U.E. UTILITY
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PG. PAGE/
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D. R.T.C.T.
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W.E. WATER EASEMENT
n CA EX. STORM DRAIN ESMT
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EX. PUBLIC ACCESS IRS
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UTILITY
PGA 770E 777 TOWN OF WESTLAKE, TEXAS TARRANT COUNTY, TEXAS
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00 P.O.B. Tel: 817-887-6130 • www.browngay.com
D R=1428.00' Farmers Branch, Texas 75234 9 Village Circle, Suite 500 TBPE Registration No. F-1046
A=9'13'00'
STATE PLANE GRID CORD 1 9 9
N: 7042978.4850 Contact: Michael Beaty Roanoke, Texas 76262 Copyright 2015 Ordinance 761L=229.71 5/8" IRF E: 2373326.1010
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LC=229.46m% THIS PLAT FILED IN INSTRUMENT N0._______________ SHEET 1 OF 5
TOWN OF WESTLAKE
RESOLUTION 14 -46
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING AMENDMENTS ONE OF ONE TO THE ECONOMIC
DEVELOPMENT AGREEMENT WITH MAGUIRE PARTNERS, L.P. RELATED TO
THEIR DEVELOPMENT KNOWN AS ENTRADA IN WESTLAKE, TEXAS AND
AMENDMENTS ONE OF ONE TO THE ECONOMIC DEVELOPMENT AGREEMENT
AND TO THE DEVELOPMENT AGREEMENT RELATED TO THEIR
DEVELOPMENT IN WESTLAKE, TEXAS KNOWN AS GRANADA .
WHEREAS, the Town of Westlake is experiencing planned growth through the
attraction of economic development projects such as Fidelity Investments and Deloitte
University, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, Granada,
and Entrada which are consistent with the Town's Comprehensive Plan, as well as enrollment
growth at Westlake Academy, all of which contribute to demand for improvements to Westlake's
infrastructure and public buildings, and
WHEREAS, the Town of Westlake (Town) and Maguire Partners, L.P. (the Developer)
desire to enter into a partnership to continue this planned growth through amendments to existing
development and economic development agreements previously approved for the Developer's
projects, Entrada and Granada, now under development in the Town, and
WHEREAS, the Town has an economic development policy adopted by Resolution 06-
19, and
WHEREAS, the agreements that the Town and the Developer wish to amend are the
Economic Development Agreement for Entrada approved by the Town in Resolution 13 -17 on
April 22, 2013, the Economic Development Agreement for Granada approved by the Town in
Resolution 13 -09 on February 25, 2013, and the Development Agreement for the Granada
approved by the Town on June 17, 2013, and
WHEREAS, the Town Council fords that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby
approves Amendment One of One to the Entrada Economic Development Agreement originally
approved on April 22, 2013 in Resolution 13 -17, Amendment One of One to the Granada
Economic Development Agreement originally approved on February 25, 2013 in Resolution 13-
Resolution 14 -46
Page 1 of 2
09, and Amendment One of One to the Granada Development Agreement originally approved on
June 17, 2013 in Resolution 13 -25, and all such amendments to these agreements are attached
hereto to this resolution as Exhibits A, B, and C respectively.
SECTION 3: THAT, the Town Council of the Town of Westlake further authorizes the
Town Manager to execute said amendments to said agreements on behalf of the Town of
Westlake.
SECTION 4: If any portion of this resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 15TH DAY OF DECEMBER, 2014.
ATTEST:
v 1
Kelly ' dward -8 own Secretary
APPROVED AS TO FORM
L6tanton Lowry, Town Attorney
Lau a L. Wheat, Mayor
Thomas E. Brymer, ' own anager
Resolution 14 -46
Page 2 of 2
EXHIBIT A TO RESOLUTION NO. 14 -46
FIRST AMENDMENT TO THE ENTRADA ECONOMIC DEVELOPMENT
AGREEMENT
THIS AMENDMENT ONE (1) OF ONE (1) TO THE TOWN OF WESTLAKE
ECONOMIC DEVELOPMENT AGREEMENT (aka "the Amendment ") ESTABLISHED
WITH THE ADOPTION OF RESOLUTION 13 -17 AS ADOPTED BY THE WESTLAKE
TOWN COUNCIL FOR THE ENTRADA DEVELOPMENT is made and entered into this
15th day of December, 2014, by and between the Town of Westlake, Texas (the "Town "), and
Maguire Partners - Solana Land, L.P., a Texas limited partnership (the "Developer ").
WITNESSETH:
The Entrada Development ( "Development ") is a master planned mixed use project to be
constructed in Westlake and is currently being developed by Developer; and
On April 22, 2013, the Town and the Developer entered into the Economic Development
Agreement (the "Economic Development Agreement ") cited above which addressed various
development issues related to the Entrada Development (the "Development" as defined in this
agreement and provided for the payment of certain fees, the timing of certain construction and
the dedication of certain property, among others; and
The Developer and the Town desire to amend the Economic Development Agreement
contained in Resolution 13 -17 with the amendments herein.
In consideration of the foregoing premises and for other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the Town and Developer covenant
and agree as follows:
1. The Economic Development Agreement Adopted by Resolution 13 -17
Remains in Full Force and Effect. The Town and Developer acknowledge and agree that,
except to the extent amended herein, all provisions and terms contained in the Economic
Development Agreement as adopted by Resolution 13 -17, including any other amendments or
addenda to the Economic Development Agreement besides this Amendment to the Economic
Development Agreement, remain in full force and effect.
2. Specific Amendments Contained in this Amendment One (1) of One (1) to
the Economic Development Agreement Adopted by Resolution 13- 17shall be amended as
follows:
5.2. Required Improvements - The Partnership's Specific Obligations.
a) In exchange for the Town's consideration of offering Program Resources,
the Partnership agrees to pay to the Town the sum of $10,000 for each
single family detached residential unit home /villa and $5,000 for each
Townhome and /or Condominium residence depicted on the approve Site
Resolution 14-46
Exhibit A
Page 1 of 5
Plan(s) which shall be used for the benefit of the Westlake Academy. The
amount of payment will be calculated by multiplying the number of single
family detached residential lets units depicted on each approved Site Plan
by $10,000, and multiplying the number of Townhoine and /or
Condominium residences lots depicted on each approved Site Plan by
5,000 which shall be due and payable to the Town prior to the signing of
each respective final plat. Any residential use allowed by zoning located
on a lot in the Development that has been final platted, but the residential fee
for Westlake Academy has not been paid, shall pay said fee at the time of
application for a building permit.
h) The Partnership will designate and reserve a site of a size (acreage) deemed
appropriate by the Town at a mutually agreeable location on the Final Plat in
anticipation of construction of a future Town Hall. The land will remain
under the fee simple ownership of the Partnership. The land will remain
undeveloped and designated for a Town Hall site for five (5) years
commencing on the date of execution of this economic Development
Agreement. If after the expiration of the five (5) years, the Town has not
entered into an agreement with the Partnership to construct a Town Hall, the
reservation of the property for a Town Hall site will be removed and the
Partnership shall be allowed to develop the property subject to compliance
with all PD 1 2 zoning requirements and development regulations.
h) Developer agrees to immediately convey fee simple by warranty deed Tract
17 as shown on the Public Improvement District (PID) Appraisal prepared
by Jackson Claiborne, Inc. dated November 15, 2014, the Development
Agreement for Entrada approved by the Town on October 28, 2013, the
metes and bounds description for this tract, and the preliminary plat for
Entrada approved by the Town on October 28, 2013 all of which are
attached as exhibits to this Amendment. Said conveyance of said tract will
be without any conditions, encumbrances, and liens on the tract other than
CCR's approved by the Town and design criteria established by the Town
and Developer for this development. Further, the Developer agrees to
convey to the Town this Tract 17 with no current or future PID assessments.
5.3. Required Improvements - Town of Westlake Specific Obligations
c) The Town will consider locating a Town Hall and /or other public buildings in
the Development. The schedule and phasing for such public improvements
Agreement to be considered by the Town prior to, or after, the Partnership
begins construction.
3. Binding Obligation. This Amendment to the Economic Development Agreement shall
become a binding obligation of the signatories upon execution by all signatories hereto. The
Resolution 14-46
Exhibit A
Page 2 of 5
Town warrants and represents that the individual executing this Amendment to the Development
Agreement on behalf of the Town has full authority to execute this Amendment to the
Development Agreement and bind the Town to the same. Developer warrants and represents
that the individual executing this Amendment to the Economic Development Agreement on its
behalf has full authority to execute this Amendment to the Economic Development Agreement
and bind it to the same.
4. Authorization. The Town Council shall authorize the Town Manager of the Town to
execute this Amendment to the Economic Development Agreement on behalf of the Town.
5. Severability. In the event any provision of this Amendment to the Development
Agreement shall be determined by any court of competent jurisdiction to be invalid or
unenforceable, the Amendment to the Development Agreement shall, to the extent reasonably
possible, remain in force as to the balance of its provisions as if such invalid provision were not
a part hereof
7. Filing in Deed Records. This Amendment to the Development Agreement shall be filed
in the deed records of Tarrant County, Texas. The provisions of this Amendment to the
Development Agreement shall be deemed to run with the Property and shall be binding on heirs,
successors and assigns of Developer-
8. Notices. Any notices required or permitted to be given hereunder shall be given by
certified or registered mail, return receipt requested, to the addresses set forth below or to such
other single address as either party hereto shall notify the other:
To the Town: Attn: Thomas E. Brymer
Town Manager
3 Village Circle, Suite 202
Westlake, Texas 76262
FAX: 817.430.1812
With a copy to: Attn: L. Stanton Lowry
Town Attorney
Boyle & Lowry, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062
FAX: 972.650.7105
To the Developer:
With a copy to:
Attn: Mehrdad Moayedi
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
FAX: 817.391.2501
Miklos Law, PLLC
Attn: Robert Miklos
1800 Valley View Lane, Suite 360
Resolution 14 -46
Exhibit A
Page 3 of 5
Farmers Branch, Texas 75234
E -mail: robert@mikloslegal.com
9. Counterparts. This Amendment may be executed in counterparts, each of which
shall be deemed an original.
IN WITNESS WHEREOF, the parties have executed this Agreement as of this
the 15th day of December, 2014.
ATTEST:
Jaa}&-
Name: KellyEdwards
Title: Town Secretary
APPROVE tt TO FOR
TOWN OF WESTLAKE
By: i; fZ /r kie
Name: Thomas E. Brynt&
Title: Town Manager
Date: 1.2- ll i4-
ame: L. St
Title: Town Attorney
Resolution 14-46
Exhibit A
Page 4 of 5
DEVELOPER
MAGUIRE PARTNERS - SOLANA LAND, L.P.
By: MMM Ventures, LLC, its general partner
By: 2M Ventures, LLC, its manager
By:
Mehrdad Moayedi, Manager
STATE OF TEXAS
COUNTY OF laZ.YYpir-i)— )
This instrument was acknowledged before me on the )5 day of b(' 'j p,
2014, by Mehrdad Moayedi in his capacity as Manager of Maguire Partners - Solana Land, L.P.,
known to be the person whose name is subscribed to the foregoing instrument, and that he
executed the same on behalf of and as the act of Maguire Partners - Solana Land, L.P.
My Commission Expires:
Notary Public, Stare o f Texas
Resolution 14 -46
Exhibit A
Page 5 of 5
PO
il
TOWN OF WESTLAKE
RESOLUTION 13-34
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING A DEVELOPMENT AGREEMENT WITH
MAGUIRE PARTNERS, L.P. RELATED TO THEIR DEVELOPMENT KNOWN AS
ENTRADA IN WESTLAKE, TEXAS.
WHEREAS, the Town of Westlake is experiencing planned growth through the
attraction of economic development projects such as Fidelity Investments and Deloitte
University, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, and
Granada, and Entrada which are consistent with the Town's Comprehensive Plan, as well as
enrollment growth at Westlake Academy, all of which contribute to demand for improvements to
Westlake's infrastructure and public buildings, and
WHEREAS, the Town of Westlake (Town) and Maguire Partners, L.P. (the Developer)
desire to enter into a partnership to continue this planned growth through a development
agreement which sets out responsibilities for the Developer as a part of their development known
as Entrada (the zoning for which was approved in Ordinance 703 approved on April 22, 2013)
regarding off-site costs, the need for which are created by the Entrada development, including
Solana Boulevard improvements, traffic signals, contributions for Westlake Academy, as well as
maintenance of public and private open spaces/amenities in and adjacent to said Entrada
development, and
WHEREAS, the Town has an economic development policy adopted by Resolution 06-
19 and the Town and the Developer have (per Resolution 13-17 approved on April 22, 2013)
made commitments according to certain terms and conditions in an economic development
agreement approved under this economic development policy; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to-be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the Development Agreement with the Developer attached hereto as Exhibit "A'; and
further authorizes the Town Manager to execute said agreement on behalf of the Town of
Westlake.
Resolution 13-34
Pagel of 2
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER, 2013.
OF 11
rn Laura/Wheat, Mayor
ATTEST: 2
A S
Kelly Edw s, Town
Secretaryf
Thomas E. Town Manager
APPROV TO M:
Lowry, o Att ey
Resolution 13-34
Page 2 of 2
EXHIBIT A
CENTURION AMERICAN, INC.
DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT
Agreement between the Town of Westlake, Texas, (the "Town"), Maguire Partners-
Solana L.P. (the "Developer"), as sole owner and Developer of the property generally located on
the east side of FM 1938, north of Solana Blvd. and south of SH 114 shown on the Entrada
Boundary Description and Map, Attachment "A", attached hereto and incorporated herein by
reference. This agreement concerns the development of a mixed-use development approved on
April 22, 2013 by Ordinance No. 703 and described in the Economic Development Agreement
adopted by Resolution No. 13-17 on April 22, 2013 for Planning Area 1-2 ("PD 1-2"), more
commonly known as the "Development" and provisions for the installation of certain public
improvements to support the development, easements and community facilities (the
improvements") located therein; and for the assurance of completion and maintenance thereof.
This Agreement shall solely relate to the development of PD 1-2 as has been determined
by the submittal and approval of the Developer's zoning approved April 22, 2013 by Ordinance
No. 703 and in the Economic Development Agreement approved by Resolution No. 13-17
approved on April 22, 2013.
SECTION 1: DEFINITIONS
In addition to the terms defined in the body of this Agreement, the following terms shall have the
definitions ascribed to them as follows:
Agreement shall mean this Development Agreement between the Town of Westlake and
Centurion American, Inc.
Affiliate shall mean all entities, incorporated or otherwise, under common control with,
controlled by or controlling the Developer. For purposes of this definition, "control" means fifty
percent (50%)or more of the ownership determined by either value or vote.
Developer shall mean the Partnership and/or its Affiliates or assigns.
Development shall have the meaning ascribed to it in Section 2.A of this Agreement.
Development Plan shall an approved Development Plan completed by the Developer in
compliance with Section 102-268 of the Town of Westlake Code of Ordinances and approved by
the Town of Westlake which shall govern the approval of all Site Plans as defined in this section
that are submitted for construction in the Development.
Resolution 13-34
Page 1 of 19
Economic Development Agreement shall mean that agreement and all its terms and
conditions as approved by the Town Council on April 22, 2013 by Resolution 13-17 and
approved by the Developer on April 22, 2013.
Entrada shall mean the mixed-use village planned development depicted on the Entrada
Boundary Description and Map, Attachment "A", and as described in Section LA, consisting of
retail, commercial, hotel, and entertainment uses and 322 residential units consisting of single
family detached homes, townhomes and condominiums and as further described in Ordinance
No. 703 as well as the Economic Development Agreement approved by the adoption of
Resolution 13-17.
Partnership has the meaning ascribed to it in the preamble of this agreement.
PD1-2 shall mean the planned zoning district located on the tract shown on Exhibit A to
this agreement as zoned by Ordinance No. 703 adopted April 22, 2013 and subject to the terms
and conditions of the Economic Development Agreement adopted by the Town in Resolution 13-
17 on April 22, 2013 and approved by the Developer that same date.
Property Owners Association shall mean an organization established by the Developer
for the Development, the membership will be comprised of and mandatory for all owners of real
property in the Development and whose Bylaws and Regulations as well as the Declaration of
Restrictions, Covenants and Conditions shall be approved by the Town prior to filing in the Deed
of Trust records of Tarrant County, Texas.
Public Improvement District or PID shall mean that special district as may be established
for the Development as set out in Chapter 372 of the Texas Local Government Code and subject
to the provisions of Article 5. 3 of the Economic Development Agreement between the Town and
the Developer as approved by both parties on April 22, 2013.
Residential Unit shall be defined by Ordinance No. 703 adopted on April 22, 2013 and
shall include condominiums, townhomes, and single family detached residential units as defined
in Ordinance No. 703. All residential units are custom homes as defined in this section of this
Agreement.
Site Plan shall mean an approved Planned Development Site Plan comporting to an
approved Development Plan completed by the Developer in compliance with Section 102-268 of
the Town of Westlake Code of Ordinances and adopted by the Town of Westlake.
Town means the Town of Westlake, Texas, and its officials assigned by the Town
Manager to review and approve submittals in accordance with the Town of Westlake Code of
Ordinances and published standards, restrictions, rules and regulations.
Town Hall shall mean any building or buildings designated by the Town for
governmental use associated with the administration and operations of the Town of Westlake.
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SECTION 2 GENERAL REQUIREMENTS FOR THE DEVELOPER
A. Construction of Entrada Development. The Developer convenants to develop the
Development property shown as Exhibit A to this Agreement as defined above in
this agreement known as Entrada. Said Development known as Entrada will be a
mixed-use development emulating a Spanish type village and consist of uses
allowed in Ordinance No. 703 and the Economic Development Agreement
approved by Resolution 13-17 including residential units, retail, office, hotel and
entertainment uses.
B.Completion Date of Development. The Developer covenants with the Town
that all required public improvements (infrastructure and common area
improvements) to be completed by the Developer hereunder, shall be completed
no later than five(5) years following the date of issuance of a notice to proceed on
Phase 1 as shown on the approved preliminary plat for Entrada.
C. Completion of Agreement. This Agreement shall not be considered complete
until:
1. Record drawings for all streets and utilities including street lighting in
the development, certified by the Developer Engineer, are filed with
the Town Engineer and provided as follows:
a. Three (3) sets of record drawings,
b. One (1) set of mylars,
c. Digital record drawings with GIS spatial data and coordinates
compatible with the latest version of ArcView/ArcGIS
d. Digital record drawings compatible with the latest version of
AutoCAD
2. The Developer has fulfilled the requirements as specified in Section
4.13, Agreement to Escrow, of this agreement.
3. The Town has issued a letter of acceptance and it has been filed as
described in Section 2.C, Covenant Running with Land, of this
agreement.
D. Covenant Running With the Land. The covenants contained herein shall run with
the land comprising the development and bind all successors, heirs and assignees
of the Developer until all the improvements are complete and the Town Engineer
provides a letter of acceptance of said improvements. At that time only the
maintenance and other continuing obligations continue to bind all successors,
heirs and assignees. In addition, this Agreement and the letter of acceptance for
the improvements shall be filed on record in the Deed Records of Tarrant County,
Texas as evidence thereof.
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E. Security for Completion of Public Improvements. The Developer shall obtain a
performance bond with the Town as co-obligee from the general contractor and
subcontractors to ensure completion of the required public improvements to be
completed by the Developer, as stipulated in this Agreement, and assign such
performance bond to the Town or cause the Town to be a co-obligee. The
performance bond shall be in the amount of 100 percent of the funds estimated by
the Town Engineer to be necessary to pay for all public and private infrastructure
excluding gas, electric, and telecommunications) according to approved plans.
The bond amount shall be reduced on a pro-rata basis as the improvements are
accepted by the Town Engineer as evidenced by a letter of acceptance. The
Developer will have forty-five (45) calendar days to provide the performance
bond from the date of approval of construction plans.
F. Temporary Improvements. If temporary improvements related to this
development are required by existing ordinances, statute or federal law, the
Developer shall enter into and file a separate improvements agreement and
escrow, or provide an authorized letter of credit, in an appropriate amount to
ensure the proper construction, maintenance and removal of the temporary
improvements. The Developer shall build and pay for all costs of temporary
improvements required by the Town and shall maintain those improvements for
the period specified by the Town. In addition to the foregoing, the Developer shall
pay for a geotechnical site assessment and environmental assessment for all
temporary accesses to the development. Any temporary road or roads to be
constructed by the Developer to provide temporary access must comply with
Town standards.
G. Developer Engineer. The Developer must employ a civil engineer, architect or
landscape architect, as appropriate, licensed to practice in the State of Texas, for
the design and preparation of the plans and specifications for the construction of
all improvements to be constructed by the Developer covered by this Agreement.
H. Contractor Approval. On all public improvements for which the Developer
awards its own construction contract(s), the Developer must employ a
construction contractor that meets the Town's regulatory standards and statutory
requirements for being insured, licensed and bonded to do work in public streets
and/or public projects and be qualified in all respects to bid on public streets and
upon public projects of similar nature, as the case may be.
I.Responsibility for Contractor/Subcontractor Fees. On all public improvements
for which the Developer awards its own construction contract(s) or subcontracts,
the Developer shall be responsible for all costs incurred in the procurement of
such services, labor and materials.
J.Upkeep of Property While in Development. The Developer will be responsible
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for mowing all grass and weeds and otherwise reasonably maintaining all land
within the Development which has not been sold to third parties. After fifteen(15)
calendar days written notice, should the Developer fail in this responsibility, the
Town may contract for this service and bill the Developer for reasonable costs.
Should the costs remain unpaid for thirty (30) calendar days after notice, the
Town may file a lien on the property so maintained.
K. Dedication of Property. If required by the Town Engineer, any dedication to the
Town of real property as shown on the approved preliminary plat or final plat,
including right-of-way and easements, shall include a metes and bounds
description for conveyance by either final plat or separate instrument.
L. Property Owners Association. The Developer shall establish a Property Owners
Association for the Development with by-laws and regulations consistent with
this Agreement and the Town's pertinent Ordinances and Development Codes.
The Developer shall submit the organization documents to the Town Attorney for
verification of the inclusion of pertinent terms of this Agreement and approval by
the Town prior to the recordation of same. The Developer must file in the Deed
Records of Tarrant County, Texas, a Declaration of Restrictions, Covenants and
Conditions. All Declaration of Restrictions, Covenants and Conditions for the
Development shall be approved by the Town prior to their filing in the Deed
Records of Tarrant County, Texas. Membership in the Property Owners
Association shall be mandatory for all owners of real property in the
Development. The Property Owners Association shall establish an Architectural
Control Committee as set out in the Restrictions, Covenants, and Conditions for
the Development. In addition, the Developer or the Property Owners Association
shall be responsible for maintaining all private streets, private infrastructure, and
private and public common areas, open spaces and facilities, and for enforcing the
restrictions, covenants, and conditions.
SECTION 3 CONSTRUCTION PROCEDURES FOR THE DEVELOPER
A. Engineering Standards. Developer covenants that all public works protects and
improvements to be completed by the Developer shall be constructed in
accordance with the PD 1-2 engineering standards approved by the Town prior to
issuance of the Town's authorization of construction to proceed.
B. Pre-construction Conference. A pre-construction meeting for the construction of
the improvements to be completed by the Developer between the Developer and
Town Engineer is required. The Developer or contractor(s) and subcontractors
shall furnish to the Town a list of all subcontractors and suppliers that will be
providing greater than a $10,000 value to the development. All contractors and
subcontractors shall be registered with the Town and must comply with all
applicable ordinances, rules and regulations.
C. Conditions Prior to Construction. Prior to authorizing construction, the Town
Engineer shall be satisfied that the following conditions have been met:
1. The approved preliminary plat and site plan reflect all Town conditions of
approval.
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I All required plans and contract documents, if any, shall have been
completed and filed with the Town.
3. All necessary easements or dedications required for public facilities and
improvements, as shown on the approved preliminary plat, shall be
conveyed solely to the Town by final plat.
4. All contractors participating in the construction shall be presented with a
set of approved plans bearing the Town Engineer stamp of release. These
plans must remain on the job site at all times.
S. A complete list of the contractors, their representatives on the site, and
telephone numbers where a responsible party may be reached at all
times must be submitted to the Town.
6. All applicable fees must be paid to the Town.
7. The Developer or contractor must furnish to the Town an insurance
policy of general liability in the amount of$1,000,000 naming the Town
as additional insured,prior to the commencement of any work within the
development, or construction of the improvements by the Developer of
contractor.
D. Inspections. Construction of all improvements to be completed by the Developer
shall be subject to periodic inspections by the Town Engineer or the Town
Engineer's designee. The Developer shall be responsible for completing and/or
correcting public improvements completed by the Developer not constructed in
accordance with the Town approved construction plans. Any change in design
required during construction shall be reviewed and approved by the Town
Engineer.
E. Commencement of Excavation. The Developer may commence excavation for
upon the date of the Town Engineer issuing comments for his initial review of the
Engineering Plans or not sooner than ten (10) days following submission of the
Engineering Plans, which shall include submission of the Mass Grading
Construction Plans.
F. Initial Allotment of Building Permits. Building permits for this Development will
be allotted and issued according to Section 3 and Exhibit 7 of Ordinance No. 703
for PD 1-2. There will be no building permits for the Development issued until all
public and private infrastructure for Phase 1, as shown on the approved
Development Plan and Preliminary Plat for the Development, has been completed
and accepted by the Town, unless a separate agreement for issuance of building
permits that amends this Agreement has been entered into and agreed to by the
Town and the Developer.
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SECTION 4 DEVELOPER'S OBLIGATION
A. Open Space and Lighting Plan
1. The Developer shall submit to the Town Manager, or his designee, a
Landscape, Open Space and Lighting Plan that complies with all Town
Ordinances, Codes, rules and regulations. Upon review by the Town
Manager, or his designee, the Town Manager may approve or deny the
submittal or refer the submittal to P&Z and or Council for review and
approval.
2. The Developer shall construct, maintain and be responsible for any and all
costs associated with, and necessary to provide open space improvements
included in the Town approved Landscape, Open Space and Lighting Plan.
Plans for the improvements must be submitted to the Town Manager for
approval before work is commenced. In addition to any other improvements
to be constructed and maintained by the Town's ordinances, rules and
regulations, the Developer covenants to construct the following
improvements which shall be solely the Developer's cost:
a. Twelve feet (12') and Eight feet (8') wide concrete hike and bike
trails within and surrounding the entire Development as depicted on
the approved Development Plan.
B. Agreement to Escrow
Within forty-five (45) calendar days of construction plan approval, the Developer
shall escrow funds as stipulated to complete the design and construction necessary
to support roadway and signalization improvements listed herein.
1.Thoroughfare and Signal Improvements
a.Traffic Study
The Developer represents that they have submitted an updated
traffic study acceptable to the Town that includes estimated
completion costs for various on and off-site traffic and
transportation improvements described as follows:
i) Solana Boulevard completion
ii) Traffic signal at FM 1938/Davis Blvd and Solana
Boulevard
iii) Traffic signal at the intersection of Solana Blvd and the
unnamed road which will serve as the main entry into the
Entrada development and which will be designed to line up
with the main entry off Solana Blvd. to PD 1-3 "Granada"
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2. Solana Blvd.
Within forty-five (45) calendar days of construction plan approval, the
Developer shall place into escrow funds or equivalent letter of credit or
performance bond in form and substance reasonably acceptable to the
Town as the Town deems sufficient to design and construct eighty-eight
percent (88%) of the cost estimated in the traffic study for Solana Blvd.
improvements, Attachment "D", necessary to accommodate traffic volumes
as described in the traffic study. Should escrowed amount, letter of credit,
or performance bond that is provided by the Developer, as estimated in
Attachment "E", be deemed insufficient to at the time of construction to
complete the required improvements, the Developer shall provide
additional funds to cover the difference between the actual and estimated
costs.
3. Traffic Signal—FM 1938/Davis Blvd. and Solana Blvd.
Within forty-five (45) calendar days of construction plan approval, the
Developer shall place into escrow funds or equivalent letter of credit or
performance bond in form and substance reasonably acceptable to the
Town as the Town deems sufficient to design and construct eighty-eight
percent (88%) of the cost estimated in Attachment "E" necessary to
complete the improvements identified in the traffic study, Attachment "D
for traffic signals at the intersection of FM 1938/Davis Blvd. and Solana
Blvd. Should escrowed amount, letter of credit, or performance bond that is
provided by the Developer, as estimated in Attachment "E", be deemed
insufficient to at the time of construction to complete the required
improvements, the Developer shall provide additional funds to cover the
difference between the actual and estimated costs.
4. Traffic Signal— Solana Blvd and unnamed road into Entrada and Granada.
Within forty-five (45) calendar days of construction plan approval, the
Developer shall place into escrow funds or equivalent letter of credit or
performance bond in form and substance reasonably acceptable to the
Town as the Town deems sufficient to desian and construct eighty-eiizht
88%) of the cost estimated in Attachment "E" necessary to complete the
improvements identified in the traffic study, Attachment "D at the
intersection of Solana Blvd. and the unnamed road which shall enter into
PD 1-2 "Bntrada" and PD 1-3 "Granada". Should escrowed amount, letter
of credit, or performance bond that is provided by the Developer, as
estimated in Attachment "E", be deemed insufficient to at the time of
construction to complete the required improvements, the Developer shall
provide additional funds to cover the difference between the actual and
estimated costs.
5. Traffic Signal— Solana Blvd and SH 114 - Within forty-five (45)
calendar days of construction plan approval, the Developer shall place into
escrow funds or equivalent letter of credit or performance bond in form and
substance reasonably acceptable to the Town as the Town deems sufficient
to design and construct eiszhty-eight percent (88%)of the cost estimated in
Attachment "E"necessary to complete the improvements identified in the
traffic study for traffic signals, Attachment "D", at the intersection of
Solana Blvd. and SH 114. Should escrowed amount, letter of credit, or
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performance bond that is provided by the Developer, as estimated in
Attachment "E", be deemed insufficient to at the time of construction to
complete the required improvements, the Developer shall provide
additional funds to cover the difference between the actual and estimated
costs.
6. Signalization Warrants
The Town shall cause the signalization improvements to be constructed at
such time as warranted according to TXDOT warrant standards and the
approval of the Town Manager.
D. Maintenance of Entrada Improvements
1. The Developer, and/or Public Improvement District and/or Property
Owners Association shall perpetually maintain improvements as shown on
the approved Concept. Development, and/or Site Plans or the approved
Preliminary Plat. whether on public or private property, as follows:
a. all irrigation.
b. all landscaping,
c. all sidewalks and trails
d. water features
e. Dublic art
E all Drivate or publicly dedicated streets
g. all Drivate or Dubliclv dedicated drainage infrastructure
h. and all other improvements that occur within the development, with the
exception of publicly dedicated water, sanitary sewer, and
telecommunication ductbank infrastructure within the development as
defined by:
i. the east curb of FM 1938/Davis Blvd to the development;
ii. the north curb of Solana Blvd.;
iii. the east development boundarv:
iv. and the southern curb of SH 114.
2. All trails. as shown on the Development Plan. or Site Plan(s) or Preliminary
Plat. whether built on public rights-of-wav or Developer's propertv. will be
Dubliclv accessible and maintained in DerDetuity by the Developer, and/or
Public Improvement District and/or Property Owners Association.
E. Streetscape Improvements
1. Streetscape improvements on FM 1938/Davis Blvd. and Solana Blvd. shall
be submitted with the Landscape, Open Space and Lighting Plan and shall
comply with the Streetscape Plan prepared by Schrickel Rollins (SRA)
attached hereto as Attachment "B".
a. Streetscape improvements shall be completed prior to approval of
a Final Plat or satisfaction of requirements in Section 2.E.
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b. Construction plans for streetscape improvements shall be approved
by the Town Manager or his designee prior to the beginning of
construction.
C. Streetscape improvements shall be completed by and perpetually
maintained by the Developer.
F. Lot Landscaping
The Developer shall require that the homebuilders in the development be
responsible for providing landscaping for each individual lot as required by the
PD 1-2 zoning ordinance, the approved Development Plan, and/or any approved
Site Plans for the Development.
G. Amenities
1. All Development signage and associated landscaping shall comport to the
approved Development Plan, and must be approved by the Town prior to
construction. All subdivision signage will be owned and maintained by
the Developer or the Property Owners Association.
2.Culverts, where required, shall consist of stone-faced construction and
shall be approved by the Town as set forth in the Town of Westlake's
Code of Ordinances.
H. Westlake Academy pact
1.As set forth in the Economic Developer's Agreement approved by Town
Council Resolution 13-17, the Developer agrees to pay to the Town the
sum of $10,000 for each residential unit depicted on the approved
Development Plan and Site Plan(s) for Entrada, attached hereto as
Attachment "C" which shall be used for the benefit of the Westlake
Academy.
a.the amount of payment will be calculate by multiplying the total
number of lots depicted on each approved final plat by$10,000;
b.the amount for each final plat being due and payable to the Town
prior to the signing of the final plat with said date for signing of the
final plat not occurring more than thirty (30) calendar days after
the final plat is approved by the Town.
C.Delayed and/or insufficient commitments of these payments will
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Page 10 of 19
affect issuance of building permits under the terms of this
Agreement, the Economic Development Agreement dated April
22, 2013 and Ordinance No. 703.
I.Reimbursement of Legal and/or Consulting Fees
1.The Developer shall reimburse the Town for actual costs of legal and/or
consulting fees incurred by the Town related to the preparation and review
of this Agreement, and all other related documents deemed necessary by
the Town related to the Development.
2.Such reimbursement of fees are due and payable by the Developer upon
receipt of invoices from the Town.
J.Parkland Dedication Fees
As contemplated in the approved Economic Development Agreement for this
Development, parkland dedication fees in their entirety for this Development are
waived by the Town and considered to be met in full through the approved
Development Plan which provides for a 10 acre Town lake, 12' perimeter trails
throughout most of the development as well as trail connectivity to adjacent tracts
and roadways as well as provision of public and private open spaces/plazas within
the Development.
K. Provision of Town Hall Site
Developer agrees to comply with the terms of Section 5.2(h) contained in their
Economic Development Agreement with the Town approved by the Town by
Resolution 13-17 for reserving a Town Hall Site in the Development.
L. Developer Warrants Use of Town of Westlake Water and Sanitary Sewer Services
The Developer warrants and agrees that he has requested and will receive potable
water and sanitary sewer service for the Development from the Town.
SECTION 5 TOWN'S OBLIGATIONS
A. The only publicly dedicated infrastructure for which the Town will have perpetual
maintenance responsibility will be the potable water system, sanitary sewer
system, and the telecommunication duct bank infrastructure.
SECTION 6 DEFAULT, TERMINATION AND FAILURE BY THE DEVELOPER TO MEET
VARIOUS DEADLINES AND COMMITMENTS.
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A. Failure to Pay Town Taxes or Fees
An event of default shall occur under this Agreement if any legally-imposed
Town taxes or fees owed on or generated by the Development become delinquent
and the Developer or the Affiliate does not either pay such taxes or follow the
legal procedures for protest and/or contest of any such taxes. In this event, the
Town shall notify the Developer in writing and the Developer shall have sixty
60) calendar days to cure such default. If the default has not been fully cured by
such time, the Town shall have the right to terminate this Agreement immediately
by providing written notice to the Developer and shall have all other rights and
remedies that may be available to it under the law or in equity.
B.Violations of Town Code, State or Federal Law
An event of default shall occur under this Agreement if any written citation is
issued to the Developer or an Affiliate due to the occurrence of a violation of a
material provision of the Town Code in the Development (including, without
limitation, any violation of the Town's Building or Fire Codes, and any other
Town Code violations related to the environmental condition of the Development,
or to matters concerning the public health, safety or welfare) and such citation is
not paid or the recipient of such citation does not properly follow the legal
procedures for protest and/or contest of any such citation. An event of default
shall occur under this Agreement if the Town is notified by a governmental
agency or unit with appropriate jurisdiction that the Developer or an Affiliate, or
any successor in interest thereto or any third party with access to the Development
pursuant to the express or implied permission of the Developer or an Affiliate, or
any a successor in interest thereto, is in violation of any material state or federal
law, rule or regulation on account of the Development, improvements in the
Development or any operations thereon (including, without limitation, any
violations related to the environmental condition of the Development; the
environmental condition on other land or waters which is attributable to
operations of the Development; or to matters concerning the public health, safety
or welfare). Upon the occurrence of such default, the Town shall notify the
Developer in writing and the Developer shall have (i) thirty(30) calendar days to
cure such default or(ii) if the Developer has diligently pursued cure of the default
but such default is not reasonably curable within thirty (30) calendar days, then
such amount of time that the Town reasonably agrees is necessary to cure such
default. If the default has not been fully cured by such time, the Town shall have
the right to terminate this Agreement immediately by providing written notice to
the Developer and shall have all other rights and remedies that may be available
to under the law or in equity.
C.General Breach
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Unless stated elsewhere in this Agreement, the Developer shall be in default
under this Agreement if the Developer breaches any term or condition of this
Agreement. In the event that such breach remains uncured after thirty (30)
calendar days following receipt of written notice from the Town referencing this
Agreement (or, if the Developer has diligently and continuously attempted to cure
following receipt of such written notice but reasonably requires more than thirty
30) calendar days to cure, then such additional amount of time as is reasonably
necessary to effect cure, as determined by both Parties mutually and in good
faith), the Town shall have the right to terminate this Agreement immediately by
providing written notice to the Developer.
SECTION 7. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP
It is expressly understood and agreed that the Developer shall not operate as an
independent contractor or as an agent, representative or employee of the Town.
The Developer shall have the exclusive right to control all details and day-to-day
operations relative to its operations and obligations that it is required to perform
under the Agreement and shall be solely responsible for the acts and omissions of
its officers, agents, servants, employees, contractors, subcontractors, licensees and
invitees. The Developer acknowledges that the doctrine of respondeat superior
will not apply as between the Town and the Developer, its officers, agents,
servants, employees, contractors, subcontractors, licensees, and invitees. The
Developer further agrees that nothing in this Agreement will be construed as the
creation of a Developer or joint enterprise between the Town and the Developer.
SECTION 8 INDEMNIFICATION
THE DEVELOPER,AT NO COST OR LIABILITY TO THE TOWN,AGREES
TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS,
ELECTED AND APPOINTED OFFICIALS, AGENTS, ATTORNEYS,
SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTYDAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO THE
DEVELOPER' BUSINESS AND ANY RESULTING LOST PROFITS)
AND/OR PERSONAL INJURY, INCL UDING DEATH, THAT MAY RELATE
TO, ARISE OUT OF OR BE OCCASIONED BY (i) THE DEVELOPER'
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF THE DEVELOPER, ITS OFFICERS, AGENTS,
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ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES,
CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR
RELATED TO, FROM, OR ARISING FROM OPERATION AND COND UCT
OF ITS OPERATIONS AND OBLIGATIONS OR OTHERWISE TO THE
PERFORMANCE OF THISAGREEMENT.
SECTION 9 INDEMNITY AGAINST DESIGN DEFECTS
APPROVAL OF THE TOWN ENGINEER OR OTHER TOWN EMPLOYEE,
OFFICIAL, CONSULTANT, EMPLOYEE, OR OFFICER OF ANY PLANS,
DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER
UNDER THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED
TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE
DEVELOPER, ITS ENGINEER, CONTRACTORS, EMPLOYEES,
OFFICERS, OR AGENTS FOR THE ACCURACY AND COMPETENCY OF
THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL SHALL NOT
BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR
LIABILITY BY THE TOWN FOR ANY DEFECT IN THE DESIGN AND
SPECIFICATIONS PREPARED BY THE CONSULTING ENGINEER, HIS
OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, IT BEING THE
INTENT OF THE PARTIES THAT APPROVAL BY THE TOWN ENGINEER
OR OTHER TOWNEMPLOYEE, OFFICIAL, CONSULTANT, OR OFFICER
SIGNIFIES THE TOWN APPROVAL OF ONLY THE GENERAL DESIGN
CONCEPT OF THE IMPROVEMENTS TO BE CONSTRUCTED. IN THIS
CONNECTION, THE DEVELOPER SHALL INDEMNIFY AND HOLD
HARMLESS THE TOWN, ITS OFFICIALS, OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM ANY LOSS, DAMAGE, LIABILITY
OR EXPENSE ON ACCOUNT OF DAMAGE TO PROPERTY AND
INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS WHICH
MA Y ARISE O UT OF ANY DEFECT, DEFICIENCY OR NEGLIGENCE OF
THE ENGINEER DESIGNS AND SPECIFICATIONS INCORPORATED
INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE
THEREWITH, AND THE DEVELOPER SHALL DEFEND AT HIS OWN
EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST
THE TOWN, ITS OFFICIALS, OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES, OR ANY OF THEM, ON ACCOUNT THEREOF, TO PAY
ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE
INCURRED BY OR RENDERED AGAINST THEM, COLLECTIVELY OR
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INDIVIDUALLY, PERSONALLY OR IN THEIR OFFICIAL CAPACITY, IN
CONNECTION HEREWITH.
SECTION 10 NOTICES
All written notices called for or required by this Agreement shall be addressed to
the following, or such other party or address as either party designates in writing,
by certified mail, postage prepaid, or by hand delivery.
SECTION 11 ASSIGNMENT AND SUCCESSORS
The Developer may at any time assign, transfer or otherwise convey any of its
rights or obligations under this Agreement to an Affiliate without the approval of
the Town so long as The Developer, the Affiliate and the Town first execute an
agreement approved by the Town Council of the Town under which the Affiliate
agrees to assume and be bound by all covenants and obligations of The Developer
under this Agreement. Otherwise, The Developer may not assign, transfer or
otherwise convey any of its rights or obligations under this Agreement to any other
person or entity without the prior consent of the Town Council, which said consent
may be withheld at the Town's sole discretion, conditioned on(i)the prior approval
of the assignee or successor and a finding by the Town Council that the proposed
assignee or successor is financially capable of meeting the terms and conditions of
this Agreement and (ii) prior execution by the proposed assignee or successor of a
written agreement with the Town under which the proposed assignee or successor
agrees to assume and be bound by all covenants and obligations of The Developer
under this Agreement. Any attempted assignment without the Town Council's
prior consent shall constitute a breach and be grounds for termination of this
Agreement and following receipt of written notice from the Town to The
Developer. Any lawful assignee or successor in interest of The Developer of all
rights under this Agreement shall be deemed "The Developer" for all purposes
under this Agreement.
SECTION 12 COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS
This Agreement will be subject to all applicable Federal, State and local laws,
ordinances, rules and regulations, including, but not limited to, all provisions of
the Town's codes and ordinances, as amended.
SECTION 13 GOVERNMENTAL POWERS
Resolution 13-34
Page 15 of 19
It is understood that by execution of this Agreement, the Town does not waive or
surrender any of it governmental powers or immunities that are outside of the
terms, obligations, and conditions of this Agreement.
SECTION 14 NO WAIVER
The failure of either party to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any
such right on any future occasion.
SECTION 15 VENUE AND JURISDICTION
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas — Fort Worth Division. This Agreement shall be
construed in accordance with the laws of the State of Texas.
SECTION 16 NO THIRD PARTY RIGHTS
The provisions and conditions of this Agreement are solely for the benefit of the
Town and The Developer, and any lawful assign or successor of The Developer,
and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
SECTION 17 FORCE MAJEURE
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligation hereunder, other than those obligations contained
in Sections 5.2.a of this Agreement, is delayed by reason of war, civil commotion,
acts of God, inclement weather that prohibits compliance with any portion of this
Agreement, or other circumstances which are reasonably beyond the control or
knowledge of the party obligated or permitted under the terms of this Agreement
to do or perform the same, regardless of whether any such circumstance is similar
to any of those enumerated or not, the party so obligated or permitted shall be
excused from doing or performing the same during such period of delay, so that
the time period applicable to such requirement shall be extended for a period of
time equal to the period such party was delayed.
SECTION 18 INTERPRETATION
Resolution 13-34
Page 16 of 19
In the event of any dispute over the meaning or application of any provision of
this Agreement, this Agreement shall be interpreted fairly and reasonably, and
neither more strongly for or against any party, regardless of the actual drafter of
this Agreement.
SECTION 19 SEVERABILITY CLAUSE.
It is hereby declared to be the intention of the Parties that sections, paragraphs,
clauses and phrases of this Agreement are severable, and if any phrase, clause,
sentence, paragraph or section of this Agreement shall be declared
unconstitutional or illegal by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality or illegality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs or sections of this
Agreement since the same would have been executed by the Parties without the
incorporation in this Agreement of any such unconstitutional phrase, clause,
sentence, paragraph or section. It is the intent of the Parties to provide the
economic incentives contained in this Agreement by all lawful means.
SECTION 20 CAPTIONS
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
SECTION 21 ENTIRETY OF AGREEMENT
This Agreement, including any attachments attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement
between the Town and The Developer, and any lawful assign and successor of
The Developer, as to the matters contained herein. Any prior or contemporaneous
oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement. Notwithstanding anything to the contrary
herein, this Agreement shall not be amended unless executed in writing by both
parties and approved by the Town Council of the Town in an open meeting held
in accordance with Chapter 551 of the Texas Government Code.
SECTION 22 COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
Resolution 13-34
Page 17 of 19
EXECUTED as of the last date indicated below:
TOWN OF WESTLAKE: MAGUIRE PARTNERS-SOLANA LAND, L.P.
By: MMM Ventures, LLC,it general partner
By: 2M Ventures, LLC, its manager
By: By:i
Thomas 9. Brymer Medrdad Moayedi
Town Manager
Date: ID 29 Zq5 Date:
APPROVED AS TO FORM AND LEGALITY:
By:Aanton 9
Town Attorney
ATTACHMENTS
A"— Entrada Boundary Description and Map
B"—Schrickel Rollins FM 1938 StreetScape Master Plan
C"—Approved Entrada Development Plan and Preliminary Plat
D"—Traffic Impact Analysis - Westlake Entrada &. Granada- Summary and Exhibits 10-
11
E"—Engineer's Opinion of Probable Cost for Solana Blvd.
Resolution 13-34
Page 18 of 18
TOWN OF WESTLAKE
RESOLUTION 15-35
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING A DEVELOPMENT AGREEMENT WITH MAGUIRE PARTNERS-SOLANA
LAND, L.P. RELATED TO THEIR DEVELOPMENT KNOWN AS ENTRADA IN
WESTLAKE, TEXAS.
WHEREAS, the Town of Westlake is experiencing planned growth through the attraction of
economic development projects such as Fidelity Investments and Deloitte University, residential
developments such as Vaquero, Glenwyck Farms, Terra Bella, Granada, and Entrada which are
consistent with the Town's Comprehensive Plan, as well as enrollment growth at Westlake Academy,
all of which contribute to demand for improvements to Westlake's infrastructure and public buildings,
and
WHEREAS, the Town of Westlake and Maguire Partners-Solana Land, L.P. desire to entire
enter into a partnership to continue this planned growth through a development agreement which sets
out responsibilities for the Developer as a part of their development known as Entrada (the zoning for
which was approved in Ordinance 703 approved on April 22, 2013) regarding public infrastructure
costs, the need for which are created by the Entrada development, including off-site sewer
improvements, as well as maintenance of public and private open spaces/amenities in and adjacent to
said Entrada development, and
WHEREAS, the Town has an economic development policy adopted by Resolution 06-19 and
has (per Resolution 13-34 approved on October 28, 2013) made commitments according to certain
terms and conditions in an economic development agreement approved under this economic
development policy for Town participation; and the Town has approved the creation of the Public
Improvement District, Solana PID #1, per Resolution 14-07 on February 24, 2014, for which these
public improvements will serve;
WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of
the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves the
Development Agreement with the Developer attached hereto as Exhibit "A"and further authorizes the
Town Manager to execute said agreement on behalf of the Town of Westlake.
Resolution 15-35
Page 1 of 2
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without
the invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 14" DAY OF DECEMBER 2015.
Laura Wheat, Mayor
ATTEST:
Kelly'Edwav s, Town Secretary Th mas E. Brymer o n Manager
APPROV AS TO FORM:
Stan, wry, Town Attorney "A 0 co
Resolution 15-35
Page 2 of 2
EXHIBIT A TO RESOLUTION NO. 15-35
FIRST AMENDMENT TO THE ENTRADA DEVELOPMENT AGREEMENT
THIS AMENDMENT ONE (1) OF ONE (1) TO THE TOWN OF WESTLAKE
DEVELOPMENT AGREEMENT (aka "the Amendment") ESTABLISHED WITH THE
ADOPTION OF RESOLUTION 13-34 AS ADOPTED BY THE WESTLAKE TOWN
COUNCIL FOR THE ENTRADA DEVELOPMENT is made and entered into this 14th day of
December, 2015, by and between the Town of Westlake, Texas (the "Town"), and Maguire
Partners-Solana Land, L.P., a Texas limited partnership (the "Developer").
WITNESSETH:
The Entrada Development ("Development") is a master planned mixed use project to be
constructed in Westlake and is currently being developed by Developer; and
On October 28, 2013, the Town Council for the Town of Westlake adopted Resolution
13-34 approving a Development Agreement (the "Development Agreement") with Maguire
Partners-Solana Land, L.P. related to the Entrada development which addressed various
development issues related to the Development and provided for the payment of certain fees, the
timing of certain construction and the dedication of certain property, among others; and
On February 24, 2014, the Town Council for the Town of Westlake, by Resolution No.
14-07, approved the creation of the Solana Public Improvement District (the "District") for the
construction of certain authorized improvements (the "Authorized Improvements"); and the
Town issued Public Improvement District ("PID") special revenue bonds (the "2015 Bonds") via
Ordinance 743 on January 15, 2015, to construct certain Authorized Improvements within the
District.
The Town and the Developer anticipate issuing future PID special revenue bonds to
finance a portion of the Authorized Improvements within the District not financed with the 2015
Bonds (the "Future Bonds"); and
The Town and the Developer wish to amend the Development Agreement to allow for
certain early final platting of certain tracts of land in the District; and
In consideration of the foregoing premises and for other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the Town and Developer covenant
and agree as follows:
1.The Economic Development Agreement Adopted by Resolution 13-34
Remains in Full Force and Effect. The Town and Developer acknowledge and agree that,
except to the extent amended herein, all provisions and terms contained the Development
Agreement, including any other amendments or addenda to the Development Agreement besides
this Amendment to the Development Agreement, remain in full force and effect.
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 1 OF 6 RESOLUTION 15-35
2.Specific Amendments Contained in this Amendment One (1) of One (1) to the
Development Agreement Adopted by Resolution 13-34 shall be amended as follows:
Section 4 to the Development Agreement shall be amended to include a new subsection
M:
M. Release of Blocks A M N and O for Final Plat.
1.Prior to the completion of all public infrastructure for Phase I of the
District, a Final Plat shall be accepted by the Town, and upon approval by the Town,
permitted to be recorded in the Deed Records of Tarrant County, Texas, for a Final Plat
that encompasses Blocks A, M,N, and O, as shown on the attached Exhibit A.
2.It is acknowledged by the Town and the Developer that PID bond
proceeds for Phase I Infrastructure have been budgeted and escrowed in compliance with
the approved Westlake Public Improvement District Service and Assessment Plan
approved by the Town on January 15, 2015. The Town makes no representation that
Phase I Infrastructure PID proceeds will be adequate to cover 100% of the actual Phase I
Infrastructure costs and that any overrun shall be the sole responsibility of the Developer.
3.Offsite Easements: The identification and acquisition of all public utility
easements are the sole responsibility of the Developer. In the even the Town determines
that eminent domain proceedings are necessary to obtain the required easements, the
Developer will be responsible for reimbursing the Town 100% of the cost to acquire the
easement including but not limited to easement cost, administrative fees, court fees,
attorney's fees and Town consulting fees.
4. No Certificate of Occupancy will be issued for any use or structure in
Blocks A, M, N, and O, as identified in the attached Exhibit A, until 75 percent (75%) of
the off-site sanitary sewer line is completed according to the Town Engineer. The
Developer may provide, at the developer's sole expense, an alternative temporary
sanitary sewer service (the "Stop Gap Sanitary Sewer Service") to be established and
maintained by the Developer that adequately serves Blocks A, M, N, and O until the off-
site sanitary sewer service line is completed. This alternative Stop Gap Sanitary Sewer
Service design and/or proposal must be submitted to the Town for approval, which
approval shall be at the Town's sole discretion. If the Stop Gap Sanitary Sewer Service is
interrupted for any period of time during this temporary period, the Town may revoke
any Certificates of Occupancy issued for any use or structure in Blocks A, M, N, or O. A
plan and schedule to terminate the Stop Gap Sanitary Sewer Service will be included in
the original Stop Gap Sanitary Sewer Service proposal/design, and any termination date
extension will also be at the Town's sole discretion.
5. The Stop Gap Sanitary Sewer Service may include any town-approved
temporary service to remove waste material, including trucks or other transportation
devices constructed to haul and transport waste material.
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 2 OF 6 RESOLUTION 15-35
2.Binding Obligation. This Amendment to the Development Agreement shall
become a binding obligation of the signatories upon execution by all signatories hereto. The
Town warrants and represents that the individual executing this Amendment to the Development
Agreement on behalf of the Town has full authority to execute this Amendment to the
Development Agreement and bind the Town to the same. Developer warrants and represents
that the individual executing this Amendment to the Development Agreement on its behalf has
full authority to execute this Amendment to the Development Agreement and bind it to the same.
3. Authorization. The Town Council shall authorize the Town Manager of the
Town to execute this Amendment to the Development Agreement on behalf of the Town.
4.Severability. In the event any provision of this Amendment to the Development
Agreement shall be determined by any court of competent jurisdiction to be invalid or
unenforceable, the Amendment to the Development Agreement shall, to the extent reasonably
possible, remain in force as to the balance of its provisions as if such invalid provision were not a
part hereof.
5. Filing in Deed Records. This Amendment to the Development Agreement shall
be filed in the deed records of Tarrant County, Texas. The provisions of this Amendment to the
Development Agreement shall be deemed to run with the Property and shall be binding on heirs,
successors and assigns of Developer.
6.Notices. Any notices required or permitted to be given hereunder shall be given
by certified or registered mail, return receipt requested, to the addresses set forth below or to
such other single address as either party hereto shall notify the other:
To the Town: Attn: Thomas Brymer
Town Manager
3 Village Circle, Suite 202
Westlake, Texas 76262
FAX: 817.430.1812
With a copy to: Attn: L. Stanton Lowry
Town Attorney
Boyle &Lowry, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062
FAX: 972.650.7105
To the Developer: Attn: Mehrdad Moayedi
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
FAX: 817.391.2501
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 3 OF 6 RESOLUTION 15-35
With a copy to: Miklos Law, PLLC
Attn: Robert Miklos
1800 Valley View Lane, Suite 360
Farmers Branch, Texas 75234
E-mail: robert@mikloslegal.com
7.Counterparts. This Amendment may be executed in counterparts, each of which
shall be deemed an original.
Signature Pages Follow]
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 4 OF 6 RESOLUTION 15-35
IN WITNESS WHEREOF, the parties have executed this Agreement as of this
the 14`x' December 2015.
ATTEST:TOWN OF WESTLAKE
Nam : Kelly' dwards Name: Laura Wheat
Title: Town Secretary Title: Mayor
Date: I r2_1 H I c
APPROVE AST F R 1
oFName! . Stanton ./y/ m
Title: Town Attorney
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 5 Or 6
DEVELOPER
Maguire Partners—Solana Land, L.P.,
a Texas limited partnership
By: MMM Ventures, LLC,
a Texas limited liability company
Its General Partner
By: 2M Ventures, LLC
a Delaware limited liability company
Its Sole Manager
By: aj_ ,,e _/__/
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
201/by Mehrdad Moayedi in his capacity as Manager of Maguire Partners-Solana Land, L.P.,
known to be the person whose name is subscribed to the foregoing instrument, and that he
executed the same on behalf of and as the act of Maguire Partners-Solana Land, L.P.
all
Notary Public, State of Texas
My Commission x ire's
P~
Y
LAURA L.WAYLAND
Notary ID# 1656942
My ssion Expires
SirF rtE
y July 14, 2016
AMENDED ENTRADA DEVELOPMENT AGREEMENT
PAGE 6 OF 6 Resolution 15-35
LEGAL DESCRIPTION
32.445 ACRES
BEING all that certain lot, tract or parcel of land situated in the C. M. Throop Survey,
Abstract Number 1510 and the W. Medlin Survey, Abstract Number 1958, Town of
Westlake, Tarrant County, Texas, and being part of that certain called 184.32 acre tract
of land described as Tract 2 in deed to Maguire Partners-Solana Land L. P. recorded in
Volume 16858, Page 176 (Instrument Number D203231446) of the Deed Records of
Tarrant County Texas, and being more particularly described as follows
COMMENCING at a 5/8" rebar found at the southeast corner of said 184.32 acre tract,
being the most westerly southwest corner of Lot 1, Block 3 of Westlake/Southlake Park
Addition No. 1, and addition to the Town of Westlake according to the plat thereof
recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas;
THENCE S 89 029'20" W, 200.93 feet with the south line of said 184.32 acre tract to a 1"
rebar found (disturbed) in Dove Road, from which a 1/2" rebar found bears S 84°04'40"
E, 2.6 feet;
THENCE N 00 012'05" W, 45.01 feet continuing with the south line of said 184.32 acre
tract in Dove Road to a 5/8" capped rebar found (Huitt & Zollars);
THENCE S 89 047'55" W, 462.17 feet continuing with the south line of said 184.32 acre
tract in Dove Road to a 1/2" capped rebar set (G&A) at the southeast corner of that
certain called 0.560 acre tract of land described as Parcel No. 70-ROW-2 in deed to the
Town of Westlake, Texas, recorded in Instrument Number D208427746 of the Deed
Records of Tarrant County, Texas;
THENCE N 00 052'55" W, 22.57 feet with the east line of said 0.560 acre tract to a 1/2"
capped rebar found (Graham) at the northeast corner thereof;
THENCE N 89 057'45" W, 790.52 feet with the north line of said 0.560 acre tract to a 1/2"
capped rebar set (G&A) at the beginning of a curve to the right;
THENCE continuing with the north line of said 0.560 acre tract, with the arc of said
curve having a central angle of 09°15'02", a radius of 1047.14 and an arc length of
169.06 feet, whose chord bears N 85°15'46" W, 168.88 feet, to a 1/2" capped rebar set
G&A);
THENCE N 80 043'25" W, 36.09 feet continuing with the north line of said 0.560 acre
tract to a 1/2" capped rebar set (G&A) on the westerly line of said 184.32 acre tract,
being on the arc of a curve to the right;
THENCE with the westerly line of said 184.32 acre tract and with the arc of a curve to
the right having a central angle of 08 051'24", a radius of 154.38 feet and an arc length of
23.86 feet, whose chord bears N 40°10'25"W, 23.84 feet to a 1/2" capped rebar set at
the most southerly corner of that certain called 13.591 acre tract of land described as
Page 1 of 5
Exhibit A-2
Resolution 15-36
Parcel No. 70-ROW-1 in the aforementioned deed to the Town of Westlake, Texas, and
being on the east line of Precinct Line Road;
THENCE with the east line of said 13.591 acre tract and the east line of said Precinct
Line Road with the arc of a curve to the left having a central angle of 08°26'37", a radius
of 1782.50 feet and an arc length of 262.69 feet, whose chord bears N 03°44'45" E,
262.45 feet to a 1/2" capped rebar found ( Graham);
THENCE N 00 025'40" W, 220.18 feet continuing with the east line of said 13.591 acre
tract and the east line of said Precinct Line Road;
THENCE N 89 034'20" E, 64.65 feet, to a 1/2" capped rebar set (G&A Consultants) at
the POINT OF BEGINNING;
THENCE over, across and through said 184.32 acre tract the following 35 courses and
distances:
N 79 027'05" E, 5.00 feet, to a 1/2" capped rebar set (G&A Consultants);
N 10 032'55" W, 26.04 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 025'40" W, 242.84 feet, to a 1/2" capped rebar set (G&A Consultants);
N 18 027'05" E, 163.36 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 032'55" W, 35.48 feet, to a 1/2" capped rebar set (G&A Consultants);
S 89 027'05" W, 5.75 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 032'55" W, 219.34 feet, to a 1/2" capped rebar set (G&A Consultants);
N 89 027'05" E, 5.75 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 032'55" W, 322.48 feet, to a 1/2" capped rebar set (G&A Consultants);
N 88 050'50" W, 10.00 feet, to a 1/2" capped rebar set (G&A Consultants);
N 00 032'55" W, 90.80 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the right;
Northeasterly with the arc of said curve, having a radius of 2837.99 feet, a central angle
of 11008'42", an arc length of 552.04 feet, and whose chord bears N 15 050'10" E,
551.17 feet, to a 1/2" capped rebar set (G&A Consultants);
S 67 010'50" E, 6.00 feet, to a 1/2" capped rebar set (G&A Consultants);
Page 2 of 5
Exhibit A-2
Resolution 15-36
Northeasterly with the arc of a curve to the right, having a radius of 2831.99 feet, a
central angle of 03 042'55", an arc length of 183.64 feet, and whose chord bears N
23 015'48" E, 183.60 feet, to a 1/2" capped rebar set (G&A Consultants);
N 52 020'20" W, 6.15 feet, to a 1/2" capped rebar set (G&A Consultants);
Northeasterly with the arc of a curve to the right, having a radius of 2837.99 feet, a
central angle of 03°03'54", an arc length of 151.82 feet, and whose chord bears N
26 040'49" E, 151.80 feet, to a 1/2" capped rebar set (G&A Consultants);
N 28 012'47" E, 140.26 feet, to a 1/2" capped rebar set (G&A Consultants);
N 75 055'20" E, 226.61 feet, to a 1/2" capped rebar set (G&A Consultants);
S 63 034'45" E, 40.90 feet, to a 1/2" capped rebar set (G&A Consultants) at a point of
curvature of a curve to the right;
Southeasterly with the arc of said curve, having a radius of 300.00 feet, a central angle
of 54 023'55", an arc length of 284.83 feet, and whose chord bears S36°22'47" E,
274.25 feet, to a 1/2" capped rebar set (G&A Consultants);
S 09 010'50" E, 89.43 feet, to a 1/2" capped rebar set (G&A Consultants);
N 64 006'15" E, 6.27 feet, to a 1/2" capped rebar set (G&A Consultants);
S 25 053'45" E, 219.99 feet, to a 1/2" capped rebar set (G&A Consultants);
S 23 054'35" W, 101.03 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the right;
Southeasterly with the arc of said curve, having a radius of 50.50 feet, a central angle of
93 050'30", an arc length of 82.71 feet, and whose chord bears S 19 010'10" E, 73.77
feet, to a 1/2" capped rebar set (G&A Consultants);
S 62 014'55" E, 139.12 feet, to a 1/2" capped rebar set (G&A Consultants);
S 48 049'00" E, 66.15 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the right;
Southwesterly with the arc of said curve, having a radius of 520.00 feet, a central angle
of 18°36'45", an arc length of 168.92 feet, and whose chord bears S15 034'26" W,
168.18 feet, to a 1/2" capped rebar set (G&A Consultants);
S 22 003'15" W, 109.68 feet, to a 1/2" capped rebar set (G&A Consultants);
S 37 035'45" W, 15.42 feet, to a 1/2" capped rebar set (G&A Consultants);
Page 3 of 5
Exhibit A-2
Resolution 15-36
S 20 039'25" E, 90.52 feet, to a 1/2" capped rebar set (G&A Consultants);
S 52 004'10" W, 143.52 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the left;
Southwesterly with the arc of said curve, having a radius of 159.00 feet, a central angle
of 17°16'53", an arc length of 47.96 feet, and whose chord bears S 69°43'30" W, 47.78
feet, to a 1/2" capped rebar set (G&A Consultants);
N 84 000'02" W, 17.05 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the right;
Northwesterly with the arc of said curve, having a radius of 452.50 feet, a central angle
of 01'13'05", an arc length of 9.62 feet, and whose chord bears N 33°21'22" W, 9.62
feet, to a 1/2" capped rebar set (G&A Consultants);
S 57 015'10" W, 31.00 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a non-tangent curve to the left;
Southeasterly with the arc of said curve, having a radius of 483.50 feet, a central angle
of 02 006'24", an arc length of 17.78 feet, and whose chord bears S 33 048'02" E, 17.78
feet, to a 1/2" capped rebar set (G&A Consultants);
S 54 033'10" W, 79.39 feet, to a 1/2" capped rebar set (G&A Consultants);
S 89 027'05" W, 137.99 feet, to a 1/2" capped rebar set (G&A Consultants)
S 10 059'05" W, 291.81 feet, to a 1/2" capped rebar set (G&A Consultants), at a point of
curvature of a curve to the left;
Southeasterly with the arc of said curve, having a radius of 1015.50 feet, a central angle
of 03'07'21", an arc length of 55.34 feet, and whose chord bears S 80°34'35" E, 55. 33
feet, to a 1/2" capped rebar set (G&A Consultants);
S 07 051'45" W, 246.74 feet, to a 1/2" capped rebar set (G&A Consultants);
S 24 057'05" W, 98.98 feet, to a 1/2" capped rebar set (G&A Consultants);
S 40 017'45" W, 99.04 feet, to a 1/2" capped rebar set (G&A Consultants);
S 47 041'25" W, 101.85 feet, to a 1/2" capped rebar set (G&A Consultants);
S 89 027'05" W, 390.88 feet, to a 1/2" capped rebar set (G&A Consultants);
Page 4 of 5
Exhibit A-2
Resolution 15-36
S 79 027'05" W, 8.51 feet, to the POINT OF BEGINNING and containing approximately
32.445 acres of land.
Together with an Access Easement, to insure ingress and egress, to and from, the
subject property, over, across and through Lot 88X, of Granada, Phase I, recorded in
Instrument No. D215003584 of the Plat Records of Tarrant County, Texas, being the
private road system located within said Phase I.
Page 5 of 5
Exhibit A-2
Resolution 15-36
MARY LOUISE GARCIA
COUNTY CLERK
TOWN OF WESTLAKE
1301 SOLANA BLVD, BLDING 4, STE 4202
WESTLAKE, TX 76262
Submitter: TOWN OF WESTLAKE
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
DO NOTDESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 5/9/2016 11:13 AM
Instrument #: D216096757
OPR 9 PGS $44.00
D216096757
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
P.O.B.
C.M. THROOP SURVEY
ABSTRACT NO. 1510
LEGEND
MAGUIRE PARTNERS -
SOLANA LAND L.P.
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Contact: Michael Beaty
Telephone: (214)-287-9009
Brown & Gay Engineers, Inc.
Tel: 972-464-4800 ●www.browngay.com
Copyright 2016
BUSH DESIGN & ASSOCIATES, INC.
P.O. BOX 456
Franklin, Texas 77856
Contact: Ralph Bush
Telephone: (972) 333-9455
BROWN & GAY ENGINEERS, INC.2529 Dallas Parkway, Suite 204
Frisco, Texas 75034
Contact: Jason Frey
C.M. THROOP SURVEY
ABSTRACT NO. 1510
MAGUIRE PARTNERS -
SOLANA LAND L.P.
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Contact: Michael Beaty
Telephone: (214)-287-9009
BROWN & GAY ENGINEERS, INC.BUSH DESIGN & ASSOCIATES, INC.
P.O. BOX 456
Franklin, Texas 77856
Contact: Ralph Bush
Telephone: (972) 333-9455
Brown & Gay Engineers, Inc.
Tel: 972-464-4800 ●www.browngay.com
Copyright 2016
2529 Dallas Parkway, Suite 204
Frisco, Texas 75034
Contact: Jason Frey
MAGUIRE PARTNERS -
SOLANA LAND L.P.
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
Contact: Michael Beaty
Telephone: (214)-287-9009
BROWN & GAY ENGINEERS, INC.“”
”“”
”
BUSH DESIGN & ASSOCIATES, INC.
P.O. BOX 456
Franklin, Texas 77856
Contact: Ralph Bush
Telephone: (972) 333-9455
Brown & Gay Engineers, Inc.
Tel: 972-464-4800 ●www.browngay.com
Copyright 2016
2529 Dallas Parkway, Suite 204
Frisco, Texas 75034
Contact: Jason Frey
Planning
and Zoning
Item # 4 – Adjournment
Regular Session
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