saving clause; providing a severability clause; and in the public interest to grant this change

Transcription

1 Page i Ju ORDINANCE NO An ordinance amending the zoning ordinances of the City of Dallas by changing the zoning classification on the following property: BEING a tract of land in City Block 8817; fronting approximately feet on the southwest line of Lasater Road; and containing approximately acres, from an A(A) Agricultural District to an MH(A) Manufactured Home District; providing a penalty not to exceed $2,000; providing providing an effective date. a saving clause; providing a severability clause; and WHEREAS, the city plan commission and the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given the required notices and have held the required public hearings regarding the rezoning of the property hereinafter described; and WHEREAS, the city council finds that it is in the public interest to grant this change in zoning; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the zoning classification is changed from an A(A) Agricultural District to an MH(A) Manufactured Home District on the property described in Exhibit A, which is attached to and made a part of this ordinance ( the Property ). SECTION 2. That, pursuant to Section 5lA of Chapter 51A of the Dallas City Code, as amended, the property description in Section 1 of this ordinance shall be construed as including the area to the centerline of all adjacent streets and alleys. Z090- I 63(RB) - 1 (deed restrictions)

2 Page H P9 SECTION 3. That the building official shall not issue a building permit or a certificate of occupancy for a use on the Property until there has been full compliance with the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the City of Dallas. SECTION 4. That the director of sustainable development and construction shall correct Zoning District Map No. N- 13 in the offices of the city secretary, the building official, and the department of sustainable development and construction to reflect the changes in zoning made by this ordinance. SECTION 5. That a person who violates a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 6. That the zoning ordinances of the City of Dallas shall remain in full force and effect, save and except as amended by this ordinance. SECTION 7. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended. SECTION 8. That this ordinance shall take effect immediately from and after its passage and publication, in accordance with the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney J / By Asitant CitylAttorney Passed I Z090- I 63(RB) - 2 (deed restrictions)

3 4 EXHIBIT A Z 1O t4-,avoe4. LEGAL DESCRIPTION,. TRACTONE ACRES BEING a tract of land out of the Robert Kleberg Survey, Abstract No. 716, in the City of Dallas, Dallas County, Texas, being part of the 89.1 acre tract of land described in deed to Booher Corporation recorded in Volume 89208, Page 3425 of the Deed Records of Dallas County, Texas, being all of the acre tract of land described in deed to Virgil Booher recorded in Volume , Page 8576 of the Deed Records of Dallas County, Texas, being part to the acre tract of land described in deed to Victory Mobile Home Park recorded in Volume , Page 3615 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a point in the southwest right-of-way line of Lasater Road for the north corner of said acre tract from which the intersection of said southwest right-of-way line and the northwest right-of-way line of Stark Road bears approximately South East, 4417 feet; THENCE with said southwest right-of-way line, South East, a distance of feet to a point for the northeast corner of said acre tract; THENCE with the southeast line of said acre tract, South West, a distance of feet to the south corner of said acre tract; THENCE South l 1 East, a distance of feet to an angle point in the east tine of said acre tract; THENCE with the easterly lines of said acre tract, the following courses and distances to wit: South East, a distance of feet to a point for corner; South West, a distance of feet to the south corner of said acre tract; THENCE with the southwest line of said acre tract and the southwest line of said 89.1 acre tract, North West, a distance of feet to a point for the westerly most corner of said 89.1 acre tract; THENCE with the westerly lines of said 89.1 acre tract, the following courses and distances to wit: North East, a distance of feet to a point for corner; South East, a distance of feet to a point for corner; North Ol East, a distance of feet to the POINT OF BEGINNING and containing acres or 3,218,229 square feet of land. This document was prepared under 22 TAC , does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Kimley-Horn [.1 and Associates, nc. IZ PECgDU, D,*.e,Su, 1 Ti,. N (P7) DTs 1S251 (972) D93 a aicck4,v r -.#r DAB LRO 3tW O i PLOTTEDBY BROWN, DAP9A &4/B AM DWG NAME LDAL SURV Y44246CO.LASATER ROAD\JDD 44246WDWG L4SATER ROAD ZONtNG EXIflBrrDWG I.AST SAVED 631Z1O 3:45 PM

4 R-1/2ac(A) :7,200 ZONING AND LAND USE Z

5 COUNCIL CHAMBER October 13, 2010 WHEREAS, the deed restrictions in the attached instrument have been volunteered in connection with property located on Lasater Road northwest of Stark Road. which is the subject of Zoning Case No. Z (RB): and WHEREAS, the City Council desires to accept the deed restrictions in the attached instrument; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the deed restrictions in the attached instrument are accepted by the City Council of the City of Dallas to be used in conjunction with the development of property that is the subject of Zoning Case No. Z (RB). Section 2. Texas. That these deed restrictions must be filed in the Deed Records of Dallas County, Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assi,nt City Attorney [q4j) criy LL; ZU4-246/I2462 (MM)

6 DEED RESTRICTIONS i C)2631 THE STATE OF TEXAS ) COUNTY OF DALLAS ) ) KNOW ALL PERSONS BY THESE PRESENTS: 1. The undersigned, (1) Booher Corporation, a Texas corporation, (2) Victory Mobile Home Park GP, a Texas general partnership, and (3) The Estate of Virgil Booher ( the Owners ), are the owners of the following described property ( the Property ), being in particular a tract of land out of the Robert Kiehurg Survey, Abstract No. 716, City Block 8817, City of Dallas ( City ), Dallas County, Texas, and being that same tract of land conveyed to the Owners by (I) Virgil Lee Booher. Sharon Kaye Booher, Patricia Ann Avant, and Sandra Lee Callahan, (2) Sandra Callahan, Patricia Avant, and Sharon Booher, and (3) Bill Cox III and Kathleen S. Cox, by deeds dated (1) June 13, 1986, (2) May 24, 2002, and (3) April 11, 2003, and recorded in (1) Volume 86167, Page 3783, (2) Volume , Page 03615, and (3) Volume , Page in the Deed Records of Dallas County, Texas, and being more particularly described on Exhibit A attached hereto and incorporated herein by reference ( the Property ). II. The Owners do hereby impress all of the Property with the following deed restrictions ( restrictions ), to wit: (1) Maximum number of manufactured home dwelling units on the Property is 443. (2) Minimum lot area for a manufactured home on a transient stand or a subdivided lot is 4,000 square feet. (3) Two trees with a minimum caliper inch measurement of two inches must be installed on the Property for each dwelling unit prior to its final inspection. Existing trees can be used to satisfy this requirement, but individual trees cannot be counted more than once. (4) Prior to the final inspection of or issuance of a certificate of occupancy for a structure on the Property, a landscape buffer strip with a width of 20 feet must be installed and maintained along the Lasater Road frontage of the Property, exclusive of points of access and associated visibility triangles. (5) Prior to the final inspection of or issuance of a certificate of occupancy for a structure on the Property, a minimum 4 foot tall wooden fence with masonry columns spaced a maximum of 30 feet apart, exclusive of points of access and associated visibility triangles, must be installed along Lasater Road. Deed Restrictions - Page 1

7 - _o) (6) One street tree must be installed for every 30 feet of frontage along Lasater Road, exclusive of points of access and associated visibility triangles. Ill. These restrictions shall continue in full force and effect for a period of 20 years from the date of execution, and shall automatically be extended for additional periods of 10 or terminated in the manner specified in this document. y unless amended IV. These restrictions may be amended or terminated as to any portion of the Property, upon application to the City of Dallas by the current owner of that portion of the Property, without the concurrence of the owners of the remaining portion of the Property. These restrictions may be amended or terminated only after a public hearing before the City Plan Commission and a public hearing before and approval by the City Council of the City. Notice of the public hearings must be given as would be required by law for a zoning change on the Property. The amending or terminating instrument must be approved as to form by the city attorney. If the City Council approves an amendment or termination of these restrictions, the Owner must then file the amending or terminating instrument in the Deed Records of the county or counties where the Property is located at his or her sole cost and expense before the amendment or termination becomes effective: V. These restrictions are not intended to restrict the right of the City Council of the City to exercise its legislative duties and powers insofar as zoning of the Property is concerned. Vt The Owners agree that these restrictions inure to the benefit of the City. The Owners hereby grant the City the right to enforce these restrictions by any lawful means, including filing an action in a court of competent jurisdiction, at law or in equity, against the person violating or attempting to violate these restrictions, either to prevent the violation or to require its correction. If the City substantially prevails in a legal proceeding to enforce these restrictions, the Owners agree that the City shall be entitled to recover damages, reasonable attorney s fees, and court costs. For further remedy, the Owners agree that the City may withhold any certificate of occupancy or final inspection necessary for the lawful use of the Property until these restrictions are complied with. The tight of the City to enforce these restrictions shall not be waived, expressly or otherwise. VII. The Owners agree to defend, indemnify, and hold harmless the City from and against all claims or liabilities arising out of or in connection with the provisions of this document. Deed Restrictions - Page 2

8 Name ) I ) I VIII. The provisions of this document are hereby declared covenants running with the land and are fully binding on all successors, heirs, and assigns of the Owners who acquire any right, title, or interest in or to the Property, or any part thereof. Any person who acquires any right, title, or interest in or to the Property, or any part thereof, thereby agrees and covenants to abide by and fully perform the provisions of this document. lx. Unless stated otherwise in this document, the definitions and provisions of Chapter 51 A of the Dallas City Code, as amended., apply and are incorporated into this document as if recited in this document. x. The Owners understand and agree that this document shall be governed by the laws of the State of Texas. XL The Owners certify and represent that there are no mortgages or liens, other than liens for ad valorem taxes, against the Property if there are no signatures of mortgagees or lienholders subscribed below. XII. The invalidation of any provision in this document by any court shall in no way affect any other provision, which shall remain in full force and effect, and to this end the provisions are declared to be severable. EXECUTED this the 13iiay of ( 1Ot) 20 1 C) OWNERS: BOOHER CORPORATION, a Texas corporation By / Title: Deed Restrictions - Page 3

9 . VICTORY MOBILE HOME PARK GP, a Texas general partnership / 1r Name:- i -?-rt14vih Title: e ) THE ESTATE OF VIRGIL BOOHER By: /2 Name: Lyykv1/2. Title: / J,) 1 CONSENT AND CONCURRENCE OF LIENHOLDER OR MORTGAGEE Borne Bank? Property Ljjho1der or Mortgagee!/ 4// By: Name: Claudia Davis Title: Senior Vice F resident APPROVED AS TO FORM: THOMAS P. PERKINS, JR. City Attorney By: bmjkq_ Assistat City Aftornr Deed Restrictions Page 4

10 , STATE OF TEXAS C.OUNiFY OF DAlLAS day ot - This instrument was acknowledged heibre me. the undersigned authority. on this -, by of Booher Corporation, a Texas corporation, for and on behalf of said corporation. Notary Public, State of Tex My commission expires: 4,44-7-1li2 d 73 STATE OF TEXAS COUNTY OF DALLAS WEt This instrument was acknowledged before me, the undersigned authority, day of ikii/, 2010, by ftj- iqthi of Victory Mobi1e Home Park GP, a Texas general partnership, for and on partnership. on this behalf of said iw- L1rLh_, Notary Pu4ic, StatoM exas My commission expires: )/) TAPMYHARRi3T9 STATE OF TEXAS COUNTY OF DALLAS iq.mycomm.p This instrument was acknowledged before me, the undersigned authonty, on this day of, 2010, by Virgil Booher,for and on behalf of said estate. as Trustee of The Estate of Notary Public, State of TexJ My commission expires: J1,4f tfr-- - i Deed Restrictions - Page 5

11 STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me, the undersigned authority, on this 25 dayof August 2OlO,by Ci1i fl2v of IJome6nk2 for and onbehalfofsaid Corporation. a t h Senior Vine Prident Texps Corpnrntofl Notary PubIi4.State ofte*) My commission expires: 9 Deed Resirictions - DaIlas_1\ \ /7,2010 Page 6

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13 EXHIB1A LEGAL DESCRIPTION TRACT ONE ACRES BEING a tract of land out of the Robert Kleberg Survey, Abstract No.716. in the City of Dallas, Dallas Count Texas, being part of the 89.1 acre tract of land descnbed in deed to Booher Corporation recorded in Volume 89208, Page 3425 of the Deed Records of Dallas County, Texas being all of the acre tract of land described in deed to Virgd Boohe recorded in Volume , Page 8576 of the Deed Records of Dallas County, Texas being pert to the acre tract of land described in deed to Victory Mobile Home Park recorded In Voksne , Page 3615 of the Deed Records of Dallas County, Texas and being more particiiarty described as folows BEGINNING at a point In the southwest riglit-of-way line of Lasater Road for the north corner of said acre trai* ThENCE with said southwest right-cf.way line, South 4r0T46 East, a distance of feet to a point for the northeast corner of said acre tract; ThENCE with the southeast line of said acre tract, South West; a distance of feetto the south corneroisald acretract; ThENCE South 4r54 l V East, a distance of feet to an angle point in the east line of said acre tract; THENCE with the easterly Lines of said acre tract, the following courses and distances to wit South East a distance of feet to a point for corner; South West; a distance of feet to the south corner of said acre tract; THENCE with the southwest line of said acre tract and the southwest line of said 89.1 acre tract; North OO West; a distance of feet to a point for the westerly most corner of said 89.1 acre tract; ThENCE with the westerly lines of said 89.1 acre tract, the following courses and distances to wit North East, a distance of feet to a point for corner; South SO East, a distance of feet to a point for corner; North OV East, a distance of feet to the POINT OF BEGINNING and containing acres or 3,218,229 square feet of land...utiw T b4jwn IMNA I24WJDAM UWU NAMBKIW mhcqn IflP*fl%S 2I I -- and Assocates, Inc. 752$1 P91223 I I I I r,w I L II2 I I IOFR