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Agenda Packet TC 06/18/2007 - AddendumAGENDA ADDENDUM Notice is hereby given of a Regular Town Council Meeting to be held on Monday, June 18, 2007 at 7:00 P.M., at the Trophy Club MUD Building, 100 Municipal Drive, Trophy Club, Texas, for the purpose of considering the following agenda items. The Town Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. The following items are added to the Regular Session Agenda: C.9 Discuss and take appropriate action relative to Final Plat approval of an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. (FP-07-011) A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. CA 0 Discuss and take appropriate action regarding the Parkland dedication for Churchill downs. CERTIFICATION I certify that a copy of the June 18, 2007 addendum to agenda of items for consideration by the Trophy Club Town Council was posted on the front window of the Trophy Club M.U.D. Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, June 15, 2007 at 5:00 P.M., in accordance with Chapter 551, Texas Government Code. Lists Kamscv.'I mvn Seci' tar, Q If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary, Lisa Ramsey 48 hours in advance at 682-831-4601 and reasonable accommodations will be made to assist you. From: The Office of the Town Manager Date: 06-18-2007 Subject: Agenda Item No.C.9 Discuss and take appropriate action relative to Final Plat approval of an approximate 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. Applicant: Southwest T.O.O. Development L.L.C. (FP-07-011) A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. EXPLANATION: This item was posted to the May 7 and 21, and June 4, 2007, agendas but died for a lack of motion as staff had not yet received documentation from the CORP. The documentation has been received and the signed copy will be provided on Monday night. STAFF COMMENTS: P&Z Recommendation: At the April 19, 2007 meeting, the Planning & Zoning Commission unanimously recommended approval of this request with the stipulations that the utility easement be shown on each individual lot, and spelling errors be corrected on Note #3, Note #4, Notary, and Vicinity Map. Staff reviewed the revised plat and easements have been included and spelling errors have been corrected per the Planning & Zoning Commission stipulations. Staff Recommendation: At the May 7, May 21, and June 4, 2007 Town Council meetings, Council tabled this item as approval had not yet been obtained from the Corps of Engineers for the right-of-way easement for the sanitary sewer line. A letter of approval was received the week of June 11, and all signatures have been obtained. Staff recommends approval. Staff Findings: The plat has been reviewed by the Town Engineer, Water Department, Fire Department and Planning staff and appears to be in compliance with the Town's Subdivision Regulations. (ceh) Attachments:1. Plat 2. 30-Day Requirement Waiver 3. Explanation of Sub -Divider's Agreement 4. Corps of Engineers Letter Granting Approval for Right -of -Entry �E s 5- ° I 33 -Yr pi Sa 4 +Ir it m 3 i re I; F91 E° II, . tStg Ri - � R € a y i #888 96 P,- ,`n§- ROE: i�p{ei Rk litit ' _ L- j p J ai :g{?iiti ea i Et5 � i" i o £� i q'Sfh�E?R'£�ti°ai j F�'-f•: f pp £- . =t3° In if s it a Eyy S"` t e3I dt tti' iy1: -{, FSE t11 fR E ER v Rtfi i R. eae � o � 3R; F- a� 3 aS ex f to F£ d:E ^S , v �[i jAR •d e'i t p a ! a ppjaj!�F @@e;t' pi �.i vhi FS%al to 91 it it S� [If pJ F. S U5/14/ZU07 IU:20 FAX Southwest Downs L.P. 204 Ellicott Drive Roanoke, TX 76262 May 14, 2007 Shannon Deprater Planning and Zoning Coordinator Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Re: Churchill Doom Development (Corps of Engineers) In consideration of the Corps of Engineers response, we voluntarily agree to extend the 30 day "action period" until midnight on June 30, 2007. We believe we will have Corps response by the above date. Sincerely, Todd Price�2� Managing Partner for Southwest Downs L.P. A. Discuss and take appropriate action regarding the approval of the Subdivider's Agreement for a 12.23 acre tract of land legally described as A. Medlin Survey, Abstract No. 832, known as Churchill Downs. EXPLANATION: The Town Council previously approved the standard form of subdivider's agreement used by the Town, so that the only changes for Council review are related to the details of each individual development. As of the date of posting of this Agenda, staff is waiting for information from the Corp of Engineers to finalize the subdivider's agreement; therefore, a final draft of the agreement is not included in the agenda item. In the event that staff receives the necessary information prior to the June 4 meeting, a final draft of the subdivider's agreement will be distributed to Council for review and/or action. If the necessary information is not received, this item may be tabled along with the final plat approval. DEPARTMENT OF THE ARMY RFORT WORTH DISTRICT, CORPS OF ENGINEERS P.O. BOX 17300 FORT WORTH, TEXAS 76102-0300 REPLYTO AT KDONOF: June 5, 2007 Real Estate Division SUBJECT: Immediate Right -of -Entry No. DACW63-5-07-06S2, Permission to Initiate Wastewater Line, Tract E-405, Grapevine Lake, Texas Mr. R. L. Scott Utility Superintendant Trophy Club Municipal Utility ➢istrict2 100 Municipal Drive Trophy Club, Texas 76262 Dear Mr. Scott: This correspondence is in reference to your request for permission to construct a 20 feet by 3630 feet Right -of -Way (ROW) for a wastewater line, approximately 1.67 acre across Government - owned property on Tract E-405, Grapevine Lake, Texas. Under the authority granted to the Department of the ArmyI� do hereby grant the Trophy Club Municipal Utility, District ,_2 hereinafter referred to as Grantee, an immediate Right -of -Entry (ROE) upon the proposed easement described in Exhibits A through C, attached hereto, for construction of a wastewater line subject to the following conditions: a. The consideration for the ROE shall he the construction, operation and maintenance of the sanitary sewer main for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. b. This ROE is granted subject to the final consummation of a formal easement. Because of urgency requiring the Trophy Club Municipal Utility Districti proceed in advance of completion of the proposed easement, the Grantee agrees to accept and be bound by the easement, including such terms and conditions which the Government may determine to be reasonable and proper to protect its interests and which may be incorporated therein; and pay the administrative fees and fair market value of the easement. The administrative fee to process this Immediate ROE is $2,000.00, which includes fees for the ROE, Appraisal and Easement. The fair market value is a separate fee collected when -2- the easement is signed. Please make a check payable to F&A OFFICER USP.ED FORT WORTH. C. It is understood that this ROE is effective only insofar as the rights of the United States in the property involved are concerned; and that the Grantee shall obtain such other permission as necessary; and that the Grantee shall comply with any and all existing rights, laws, ordinances, rules, and regulations as may be applicable to the proposed construction. d. The term of this ROE shall not exceed one year from the date of its first execution, or until execution of the easement, whichever is sooner, and is revocable at will by the Government. e. The possibility exists that buried cultural deposits will be discovered during construction activities. Should cultural deposits be discovered, work shall immediately cease, and Mr. Doug Cox, Lake Manager, Elm Fork Project Office, telephone number (469) 645-9100, will be notified. work will not be resumed until clearance to proceed has been given. f. Prior to commencement of any work, Grantee will coordinate with Mr. ➢oug Cox, Lake Manager at Elm Fork Project Office. g. No open trenching will be allowed within the existing Environmentally Sensitive Area (ESA), or the creek. These areas must he bored their entire length. The granting of this ROE and easement does not authorize any surface disturbance rights within the existing ESA or the creek. h. Exclusive use of the area is prohibited by grantee. Grantee must allow other utility easements to be placed within this easement, if the need arises, provided that any future easement will not, in the opinion of the ➢istrict Engineer, interfere with the use of the premises by the grantee. i. The grantee and/or the Town of Trophy Club must receive concurrence from TXU Electric/Oncor granting the authority to cross their easement, DACW63-2-56-0012, prior to commencing of construction. j. Any ground disturbing activities, including trails, roads and/or staging areas, must be disked, leveled, and reseeded with native grasses/vegetation. Erosion must be controlled by existing recognized standards. 3- If this ROE is�� cceptable to the Trophy Club Municipal Utility District, nder these conditions, the acceptance on the enclosed duplicate of this letter should be completed and returned to me. Please have someone other than the person signing this ROE sign the Certificate of Authority and return it with the signed right -of -entry. If you have any questions, please call Mrs. Pamela Eppinette at B17/888-1111. Sincerely, my1 He Chief, Real Estate Division Enclosure The foregoing Right -of -Entry is hereby accented this day of 1 2007. Trophy Club Municipal Utility District 2 UCH Name is CERTIFICATE I, NIM 7 ko!=,4 certify that I am the of the Trophy Club Municipal Utility District,2 0 named as a grantee herein; that 3i ry, who signed this Right -of -Entry on behalf of the Trophy Club Municipal Utility Districtlwas then `Rj5 L p+ of the Trophy Club i Municipal Utility DistrictZ and that said Right -of -Entry was duly signed for and on behalf of the Trophy Club Municipal Utility District2 by authority of its governing body and is within the scope of its legal powers. Date (L/AYZO ham, (Title) NOTE: Please have someone other than the person who signs the Right -of -Entry, complete and sign this farm. UTILITY EASEMENT FOR TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I ON UNITED STATES OF AMERICA TRACT E-405 Description of a 1.5693 acre tract of land for u Utility Easement out of the Mary Medlin Survey, Abstract No. 832 in Denton County, Texas; said tract being a portion of a tract of land conveyed to the United Slates of America as Tract E-405 by deed recorded in the Deed Records of Denton County, Texas; said Utility Easement being more particularly described as follows: BEGINNING, at a Corps of Engineers brass monument in concrete marked "E48" found for a comer of said Tract E-405 from which another Corps of Engineers brass monument in concrete marked "E47" found bear, South 20 degrees 55 minutes 00 seconds East 379.80 feet and from which another Corps of Engineers brass monument in concrete found bears South 67 degrees 58 minutes 21 seconds West 2005.07 feet; said point being also on the east line of a tract of land conveyed to Sheila lean McLean by Gift Deed recorded in Volume 5137, Page 03808, Deed Records, Denton County, Texas; THENCE, North 20 degrees 55 minutes 00 seconds West, with the common line between said Tract E- 405 and said McLean tract, a distance of 5.86 feet to a point for corner, THENCE, North 89 degrees 44 minutes 40 seconds East, a distance of 28.83 feet to a point for corner, ThIENCE, North 00 degrees 28 minutes 34 seconds East, a distance of 16.04 feel to a point for comer, THENCE, North 89 degrees 44 minutes 40 seconds East, a distance of 25.00 feet to a point for comer; THENCE, South 00 degrees 28 minutes 34 seconds West, a distance of 54.80 feet to a point for corner; THENCE, South 37 degrees 51 minutes 25 seconds East, a distance or 194.95 feet to a point for comer, THENCE, South 20 degrees 54 minutes 42 seconds East, a distance of 202.55 feet to a point for comer; THENCE, South 46 degrees 36 minutes 58 seconds East, a distance of 122.71 feel to a point for corner, THENCE, South 13 degrees 35 minutes I I seconds East, a distance of 297.74 feet to a point for comer; THENCE, South 08 degrees 56 minutes 47 seconds East, a distance or 338.43 feet to a point for corner, THENCE, South 23 degrees 04 minutes 59 seconds East, a distance of 299.62 feet to a point for comer; THENCE, South 44 degrees 42 minutes 18 seconds East, a distance of 503.78 feet to a point for comer; THENCE, South 46 degrees 40 minutes 04 seconds Enst, a distance of 318.55 feet to a point for comer; THENCE, South 41 degrees 36 minutes 40 seconds East, a distance of 244.34 feet to a point for corner; THENCE, South 48 degrees 34 minutes 24 seconds East, a distance of94.37 feet to a point for comer, EXHIBIT "B" THENCE, Saudi 43 degrees 03 minutes 51 seconds East, a distance aP 343.81 feet to a point for corner, THENCE, South 61 degrees 44 minutes 54 seconds East, a distance of 118.81 feet to a paint for comer; THENCE, South 39 degrees 14 minutes 54 seconds East, a distance of 152.57 feet to a point for comer on the south line of said Tract E-405; said point being also on the north line of a tract of land dedicated to the Town of Trophy Club by the plat of Eagles Ridge, Phase I recorded in Cabinet M, Page 150, Deed Records, Denton County, Texas; THENCE, South 89 degrees 17 minutes 49 seconds West. with the common line between said Tract E- 405 and said Trophy Club tract, a distance of 19.18 feet to a paint for corner, THENCE, North 39 degrees 14 minutes 54 seconds West, a distance of 137.63 feet to a paint for tooter; THENCE, Nardi 61 degrees 44 minutes 54 seconds West, a distance of 94.69 feet to a point for corner; THENCE, South 31 degrees 09 minutes 50 seconds East, a distance of 53.19 feet to a point for comer; THENCE, South 07 degrees 48 minutes 03 seconds Enst, a distance of 95.16 feet to a point for comer; THENCE, South 06 degrees 59 minutes 03 seconds West, a distance of 13.34 feet to a point for comer on the south line of said Tract E-405; said point being also an the north line of a tract of land conveyed to Beck Properties Trophy Club, L.P. by deed recorded in County Clerk's File No. 93-110087516, Deed Records, Denton County, Texas; TIIENCE, South 89 degrees 17 minutes 49 seconds West, with the common line between said Tract E- 405 and said Beck Properties tract, a distance of 15.14 feet to a point for comer, THENCE, North 06 degrees 59 minutes 03 seconds East, a distance of 13.41 feet to a point for comer, THENCE, North 07 degrees 48 minutes 03 seconds West, a distance of 90.1 I feet to a point for comer; THENCE, North 31 degrees 09 minutes 50 seconds West, a distance of 75.46 feet to a point for comer; THENCE, North 61 degrees 44 minutes 54 seconds West, a distance of 9.73 feet to a point for comer, THENCE, North 43 degrees 03 minutes 51 seconds West, a distance of 330.53 feet to a point for corner, THENCE, North 48 degrees 34 minutes 24 seconds West, a distance of 94.63 feet to a point for comer, THENCE, North 41 degrees 36 minutes 40 seconds West, it distance of 244.67 feel to a paint for corner; THENCE, North 46 degrees 40 minutes 04 seconds West, a distance of 318.01 Peet to a point for corner, THENCE, North 44 degrees 42 minutes 18 seconds West, a distance of 507.94 feet to a point for corner, THENCE, North 23 degrees 04 minutes 59 seconds West, a distance of 305.92 feet to a point for corner; THENCE, North 08 degrees 56 minutes 47 seconds West, a distance of 340.10 feet to a point for corner, THENCE, North 13 degrees 35 minutes I I seconds West, a distance of 291.00 feet to a point for corner, THENCE, North 46 degrees 36 minutes 58 seconds West, ad istance of 121.35 feet to a point for comer; THENCE, North 20 degrees 54minutes 42 seconds West, ad istance of 204-13 feet to a point for corner; THENCE, North 37 degrees 51 minutes 25 seconds West, a distance of 193.26 feet to a point for corner; TI-IENCE, South 50 degrees 46 minutes 30 seconds West, a distance of 17.61 feet to a point for comer on a west line of said Tract E-405; said point being also an the east line of said McLean tract; THENCE, North 20 degrees 55 minutes 00 seconds West, with the common line between said Tract E- 405 and said McLean tract, a distance of 59.35 feet to the POINT OF BEGINNING; CONTAINING, 68,361 square feet or 1.5693 acres of land, more or less. i3O., AIM ' N tiw h� a� I c,� •. o I I n nil lal I F3 �'.' �IN ao mum us® a uuii°d^p MM 1111111101111ra ®®SBanuullnW 1: ��nlna ®nBllm�� ®®�annaluWn® uN1111nW1111Y1 ®nlna®I0 III M n®nalnlllal Wnunllll11i1 1®lalu�u�j�-. 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