HomeMy Public PortalAboutOrdinance No. 951-03 02-11-2003
• ORDINANCE N0.951-03
AN ORDINANCE AMENDING CHAPTER 90 OF THE CITY CODE, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF RICHLAND HILLS, BY CHANGING THE ZONING OF CERTAIN
PROPERTIES, SPECIFICALLY, MAHALY LYNCH SURVEY, A-953, TR 3A,
TR3A1, TR3AlA, AND TR3A2, CURRENTLY ZONED AS C-2 GENERAL
COMMERCIAL, TO PUD PLANNED UNIT DEVELOPMENT, AND BY
CHANGING THE ZONING OF CERTAIN PROPERTIES, SPECIFICALLY,
BLOCK 23, LOTS 1, 2, 3, 4, 5, 6 AND 7, RICHLAND HILLS ADDITION TO
THE CITY OF RICHLAND HILLS, CURRENTLY ZONED AS R-1 SINGLE-
FAMILY RESIDENTIAL, TO PUD PLANNED UNIT DEVELOPMENT;
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP
TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
• WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted
a comprehensive zoning ordinance and map regulating the location and use of buildings, other
structures and land for business, industrial, residential or other purposes, and providing for a method
to amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, a change in the zoning of the properties listed below was regi:ested by persons
or entities having a proprietary interest in those properties; and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of the
City on the 3rd day of February, 1,003, and by the City Council of the City on the 11th day of
February, 2003, with respect t{k trie use changes described herein; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with the
comprehensive zoning ordinance and Chapter 211 of the Local Govemment Code; and
WHEREAS, the City Council of the City does hereby deem it advisable and in the public
interest to amend Chapter 90 of the City Code, as amended, as described herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
•
• SECTION 1.
PROPERTY RE-ZONED
Chapter 90, as amended, is hereby amended so that the zoning of the hereinafter described
areas shall be altered, changed and amended as shown and described below:
Legal Description: Block 23, Lots 1, 2, 3, 4, 5, 6 and 7 of the Richland Hills Addition to
the City of Richland Hills, Tarrant County, Texas
Zoning Change: From R-1 Single Family Residential to PUD Planned Unit
Development
Chapter 90, as amended, is also hereby amended so that the zoning of the hereinafter
described areas shall be altered, changed and amended as shown and described below:
Legal Description: Mahaly Lynch Survey, A-953, TR 3A, TR3A1, TR3AlA, AND
TR3A2, City of Richland Hills, Tarrant County, Texas
Zoning Change: From C-2 General Commercial to PUD Planned Unit Development
The Development Plan attached hereto as Exhibit A is hereby incorporated into this amending
ordinance, and shall be referenced on the zoning district map, and such Development Plan
constitutes part of the City's comprehensive Zoning Ordinance, Chapter 90 of the City Code, and
governs use of the properties referenced above, as provided in Section 90-241 of the City Code.
SECTION 2.
ACCORDANCE WITH COMPREHENSIVE PLAN AND PURPOSES OF ZONING
The zoning districts, boundaries and uses as herein established have been made in accordance
with the comprehensive plan for the purpose of promoting the health, safety, morals and general
welfare of the community. They have been designed to lessen congestion in the streets, to secure
safety from fire, panic, flood and other dangers, to provide adequate light and air, to prevent
overcrowding of land, to avoid undue concentration of population, to facilitate the adequate
provisions of transportation, water, sewerage, parks and other public requirements. They have been
made after a full and complete hearing with reasonable consideration among other things of the
character of the district and its peculiar suitability for the particular uses and with a view of
conserving the value of the buildings and encouraging the most appropriate use of land throughout
the community.
• ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 2
W:\Richland Hills\Ordinance\Zoning Boundary Change Ordinance for Mahaly Lynch Survey tracts and Block 23, Lots 1-7 Richland Hills
Addition.wpd
• SECTION 3.
DIRECTION TO AMEND OFFICIAL ZONING MAP
The City Secretary is hereby directed to amend the official zoning map to reflect the changes
in uses approved herein.
SECTION 4.
PROPERTY SUBJECT TO ZONING ORDINANCE
The use of the properties hereinabove described shall be subject to all the applicable
regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent
ordinances of the City of Richland Hills, Texas, for the zoning district into which they have been
assigned.
SECTION 5.
ORDINANCE CUMULATIVE
This Ordinance shall be cumulative of Ordinance No. 500, as amended, and all other
Ordinances of the City of Richland Hills affecting zoning and land use, and shall not repeal any of
the provisions of such ordinances except in those instances where provisions of such ordinances are
in direct conflict with the provisions of this ordinance.
SECTION 6.
• PENALTY
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense. In addition, any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance maybe subjected to such civil penalties as authorized by law.
SECTION 7.
RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS
All rights or remedies of the City are expressly saved as to any and all violations of Chapter
90, as amended, or any other ordinance affecting zoning and land use that have accrued at the time
of the effective date of this Ordinance and as to such accrued violations and all pending litigation,
both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the Courts.
• ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 3
W:\Richland Hills\Ordinance\Zoning Boundary Change Ordinance for Mahaly Lynch Survey tracts and Block 23, Lots 1-7 Richland Hills
Addition.wpd
• SECTION 8.
SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 9.
PUBLICATION
The City Secretary is hereby directed to publish in the official newspaper of the City the
caption, penalty clause, publication clause, and effective date clause of this ordinance twice as
authorized by Section 52.013 of the Local Government Code.
SECTION 10.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
• required by law, and it is so ordained.
PASSED AND APPROVED ON THIS DAY OF , 2003.
1 n
9
THE HONO_ LE NELDA STRODER, :MAYOR
ATTEST:
J
CITY SECRETARY
EFFECTIVE:
• ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 4
W:\Richland Hills\Ordinance\Zoning Boundary Change Ordinance for Mahaly Lynch Survey tracts and Block 23, Lots 1-7 Richland Hills
Addition.w~pd
• APPROVED T FORM AND LEGALITY:
~Vv~
TIM G. SRALLA, CITY ATTORNEY
•
• ORDINANCE AMENDING CHAPTER 90 BY CHANGING APPLICABLE ZONING DISTRICT PAGE 5
W:\Richland Hills\Ordinance\Zoning Boundary Change Ordinance for Mahaly Lynch Survey tracts and Block 23, Lots I-7 Richland Hills
Addition.wpd
~g
r Retail Shopping Center
• Grapevine Highway &Rufe Snow Drive
Richland Hills, Texas
Planned Unit Development District Standards
' 1.0 Planned Unit Development District -Retail Shopping Center
1.1. General Description: Retail Shopping Center complex of buildings. Access shall be allowed
from access drives or parking areas connecting to all adjacent public streets (Grapevine
' Highway, Rufe Snow & Hovencamp). Requirements for the facilities shall be governed by
standards as described below.
' 1.2. Permitted Uses: All uses allowable in the C-2 General Commercial District (Sec. 90-238)
shall be acceptable in this Planned Unit Development District.
' 1.4. Front Yard Setback: The minimum front yard building setback lines along the adjacent
public streets shall be as follows:
a. Grapevine Highway Frontage Forty feet. (40')
b. Rufe Snow Frontage Twenty-five feet. (25')
c. Hovencamp Frontage One foot (1').
' d. A drive through canopy shall be allowed along the Rufe Snow frontage and shall be
permitted to extend to a line that is ten feet (10') inside the property line.
e. A Fule Center canopy shall be allowed along the Grapevine Highway frontage and shall
be permitted to extend to a line that is thirty feet (30') inside the property line.
' 1.5. Side Yard Setback: Due to the triangular configurations of this property that is bounded by
three public streets, there shall be no side yard designation.
1.6. Rear Yard Setback: Due to the triangular configurations of this property that is bounded by
' three public streets, there shall be no rear yard designation.
1.7. Interior Yard Setback: There shall be no setbacks required for common property lot line
' within the interior of this development.
1.8. Building Height: The permitted building height for all structures in this district shall comply
I with the C-2 General Commercial District (Sec. 90-238).
1.9. Required Parking: Parking requirements for this development shall comply with the City of
Richland Hills Automobile Parking Spaces (Sec. 90-281).
•
GSBS Architects Page 1 2Rl2003
X:10-PROJ\202.08-00-gr~Zoning\PUD-Guidlines-02-06-03. doc
1.10.Tractor Trailer Truck Access: Tractor-trailer truck access to the site shall be allowed for this
development with the following limitations.
• a. Access from Hovencamp shall be limited to the following:
1. Only between the hours of 6:00 AM and 7:00 PM Central Time.
2. No parking of Tractor-trailer trucks shall be allowed on this public street.
b. Tractor-trailer truck access to the site from Rufe Snow and Grapevine Highway shall have
no limitations.
1.11.Screen Fence: This development shall provide screening along the Hovencamp
frontage except for the two access drive ways. This screen shall be a minimum of six (fi')
foot height and shall be masonry. Screen walls shall not be required where the building
facade faces the street. This screen wall shall be permitted to be located with its inside
face on the property line and allowing any foundation or other supporting structure to be
located within the limits of the right of way of Hovencamp. It is understood that the
continued maintenance and upkeep of the screen wall shall be the sole responsibility of
the property owner. I
1.12.Landscape Requirements: Landscape planting requirements shall be as follows: ,
a. All areas of the property not covered by building or paving shall be planted with living (i
vegetation.
b. All landscape areas shall be irrigated by means of an automated underground irrigation
system. I
c. A Detailed Landscape Planting Plan shall be included with these guidelines and shall ,1
establish the quantities and locations for required plantings for this development. This
shall include trees, screen shrubs and total landscape area.
• d. Landscape plantings shall not be erected or installed in such a manner as to interfere ~ ~ i~
with traffic views or impose safety hazards.
e. All landscaping shall be permanently maintained in a neat and orderly manner, and shall
be kept free of trash and litter.
l
$ii
2.0 Planned Development District -General Conditions ~j
2.1. Procedure to be followed through the development of the Planned Unit Development i~!
District:
a. Zoning Exhibits: A Site Plan and a Landscape Plan exhibit are hereby attached and
made part of the approval for this Planned Development District. ,y
1. Site Plan: The site plan shall set forth the plans for development of the Planned
Unit Development District and shall include any and all provisions for phased
development. The site plan shall conform to requirements identified in Sec. 90-
241. PUD planned unit development district of the Richland Hills Zoning
Ordinance for site plan requirements.
2. Landscape Plan: The Landscape plan shall set forth the plans for the
development of the required Landscape Plantings for the Planed Unit
Development District. Plantings shall be required for each individual property as
designated on the site plan and shall be completed prior to the issuance of a
Certificate of Occupancy by the Chief Building Official.
2.2. Phased development of the property shall be allowed: Individual lots shall be permitted to
be developed independently within this Planed Unit Development District. The landscaping
• requirements shall be implemented only when development occurs on a specific parcel.
GSBS Architects Page 2 2/7/2003
X:10-PROJ\202-08-00-grlZoninq\PUD-Guidlines-02-06-03. doc
.
• AUTHORITY TO PURSUE REZONING AND REPLATTING
The undersigned Owner of the Property (herein so called)described as Lot 1, Block 23 of the
Richland Hills Addition, common street address of 6601 Hovenkamp St., Richland Hills, Texas,
hereby grants to John "Jack" Stewart ("Stewart"), as the representative of Barclay/Texas Venture
Capital, LLC ("Purchaser"), the authority to take actions necessary to cause the Property to be
rezoned and replatted as a retail shopping center as set forth in that certain Contract of Sale
between the Purchaser and the undersigned Owner, whereby the Purchaser has contracted to
purchase the Property from the Owner. The Owner hereby authorizes Stewart to take the
following actions without the joinder of the Owner and appoints Stewart as the agent and
attorney-in-fact for the undersigned Owner to take the following actions and exercise the
following powers and rights:
1. To make, execute, acknowledge, amend, modify and deliver in my name as the
Owner of the Property such applications for the replatting and/or rezoning of the Property,
including, but not limited to the actual plat or replat of the Property and such other documents
and instruments as maybe requested or required by the City of Richland Hills, Texas, and any
and all other instruments, agreements and documents as Stewart may deem appropriate which are
in any way related to transactions involving the replatting and rezoning of the Property to permit
the development of the Property as a retail shopping center as contemplated in the Contract of
Sale by and between the undersigned Owner and the Purchaser.
• 2. To exercise such other powers as maybe necessary or desirable in order to cause
the Property to be replatted and rezoned as set forth herein above.
I hereby agree and represent to those persons dealing with Stewart that this authority to
act on behalf of the undersigned maybe voluntarily revoked only by a written instrument of
revocation filed for record in the office of the county clerk of the county in which the Property is
located, except that if this authority has not been sooner revoked, it shall, in any event, be
automatically revoked and terminated and shall become null and void without any further action
on the part of either of us on May 31, 2003.
IN WITNESS WHEREOF, I (we) have hereunto set my (our) hand(s) this ~ day ofd,
2003.
O er
Owner
•
• AUTHORITY TO PURSUE REZONING AND REPLATTING
The undersigned Owner of the Property (herein so called)described as Lot 2, Block 23 of the
Richland Hills Addition, common street address of 6609 Hovenkamp St., Richland Hills, Texas,
hereby grants to John "Jack" Stewart ("Stewart"), as the representative of Barclay/Texas Venture
Capital, LLC ("Purchaser"), the authority to take actions necessary to cause the Property to be
rezoned and replatted as a retail shopping center as set forth in that certain Contract of Sale
between the Purchaser and the undersigned Owner, whereby the Purchaser has contracted to
purchase the Property from the Owner. The Owner hereby authorizes Stewart to take the
following actions without the joinder of the Owner and appoints Stewart as the agent and
attorney-in-fact for the undersigned Owner to take the following actions and exercise the
following powers and rights:
L To make, execute, acknowledge, amend, modify and deliver in my name as the
Owner of the Property such applications for the replatting and/or rezoning of the Property,
including, but not limited to the actual plat or replat of the Property and such other documents
and instruments as maybe requested or required by the City of Richland Hills, Texas, and any
and all other instruments, agreements and documents as Stewart may deem appropriate which are
in any way related to transactions involving the replatting and rezoning of the Property to permit
the development of the Property as a retail shopping center as contemplated in the Contract of
Sale by and between the undersigned Owner and the Purchaser.
• 2. To exercise such other powers as may be necessary or desirable in order to cause
the Property to be replatted and rezoned as set forth herein above.
I hereby agree and represent to those persons dealing with Stewart that this authority to
act on behalf of the undersigned maybe voluntarily revoked only by a written instrument of
revocation filed for record in the office of the county clerk of the county in which the Property is
located, except that if this authority has not been sooner revoked, it shall, in any event, be
automatically revoked and terminated and shall become null and void without any further action
on the part of either of us on May 31, 2003.
IN WITNESS WHEREOF, I (we) have hereunto set my (our) hand(s) this day of February,
2003.
>
Owner
,
GL '~~~~%~~z~
Owner
•
• AUTHORITY TO PURSUE REZONING AND REPLATTING
The undersigned Owner of the Property (herein so called)described as Lot 3, Block 23 of the
Richland Hills Addition, common street address of 6617 Hovenkamp St., Richland Hills, Texas,
hereby grants to John "Jack" Stewart ("Stewart"), as the representative of Barclay/Texas Venture
Capital, LLC ("Purchaser"), the authority to take actions necessary to cause the Property to be
rezoned and replatted as a retail shopping center as set forth in that certain Contract of Sale
between the Purchaser and the undersigned Owner, whereby the Purchaser has contracted to
purchase the Property from the Owner. The Owner hereby authorizes Stewart to take the
following actions without the joinder of the Owner and appoints Stewart as the agent and
attorney-in-fact for the undersigned Owner to take the following actions and exercise the
following powers and rights:
1. To make, execute, acknowledge, amend, modify and deliver in my name as the
Owner of the Property such applications for the replatting and/or rezoning of the Property,
including, but not limited to the actual plat or replat of the Property and such other documents
and instruments as maybe requested or required by the City of Richland Hills, Texas, and any
and all other instruments, agreements and documents as Stewart may deem appropriate which are
in any way related to transactions involving the replatting and rezoning of the Property to permit
the development of the Property as a retail shopping center as contemplated in the Contract of
Sale by and between the undersigned Owner and the Purchaser.
• 2. To exercise such other powers as maybe necessary or desirable in order to cause
the Property to be replatted and rezoned as set forth herein above.
I hereby agree and represent to those persons dealing with Stewart that this authority to
act on behalf of the undersigned maybe voluntarily revoked only by a written instrument of
revocation filed for record in the office of the county clerk of the county in which the Property is
located, except that if this authority has not been sooner revoked, it shall, in any event, be
automatically revoked and terminated and shall become null and void without any further action
on the part of either of us on May 31, 2003.
IN WITNESS WHEREOF; I (we) have hereunto set my (our) hand(s) this ~ day of February,
2003.
Own
Owner
•
• AUTHORITY TO PURSUE REZONING AND REPLATTING
The undersigned Owner of the Property (herein so called)described as Lot 4, Block 23 of the
Richland Hills Addition, common street address of 6629 Hovenkamp St., Richland Hills, Texas,
hereby grants to John "Jack" Stewart ("Stewart"), as the representative of Barclay/Texas Venture
Capital, LLC ("Purchaser"), the authority to take actions necessary to cause the Property to be
rezoned and replatted as a retail shopping center as set forth in that certain Contract of Sale
between the Purchaser and the undersigned Owner, whereby the Purchaser has contracted to
purchase the Property from the Owner. The Owner hereby authorizes Stewart to take the
following actions without the joinder of the Owner and appoints Stewart as the agent and
attorney-in-fact for the undersigned Owner to take the following actions and exercise the
following powers and rights:
1. To make, execute, acknowledge, amend, modify and deliver in my name as the
Owner of the Property such applications for the replatting and/or rezoning of the Property,
including, but not limited to the actual plat or replat of the Property and such other documents
and instruments as maybe requested or required by the City of Richland Hills, Texas, and any
and all other instruments, agreements and documents as Stewart may deem appropriate which are
in any way related to transactions involving the replatting and rezoning of the Property to permit
the development of the Property as a retail shopping center as contemplated in the Contract of
Sale by and between the undersigned Owner and the Purchaser.
• 2. To exercise such other powers as may be necessary or desirable in order to cause
the Property to be replatted and rezoned as set forth herein above.
I hereby agree and represent to those persons dealing with Stewart that this authority to
act on behalf of the undersigned maybe voluntarily revoked only by a written instrument of
revocation filed for record in the office of the county clerk of the county in which the Property is
located, except that if this authority has not been sooner revoked, it shall, in any event, be
automatically revoked and terminated and shall become null and void without any further action
on the part of either of us on May 31, 2003.
IN WITNESS WHEREOF, I (we) have hereunto set my (our) hand(s) this ~ay of February,
2003.
r~ s ~ .
Owner
Owner
•
• AUTHORITY TO PURSUE REZONING AND REPLATTING
The undersigned Owner of the Property (herein so called)described as Lot 5, Block 23 of the
Richland Hills Addition, common street address of 6639 Hovenkamp St., Richland Hills, Texas,
hereby grants to John "Jack" Stewart ("Stewart"), as the representative of Barclay/Texas Venture
Capital, LLC ("Purchaser"), the authority to take actions necessary to cause the Property to be
rezoned and replatted as a retail shopping center as set forth in that certain Contract of Sale
between the Purchaser and the undersigned Owner, whereby the Purchaser has contracted to
purchase the Property from the Owner. The Owner hereby authorizes Stewart to take the
following actions without the joinder of the Owner and appoints Stewart as the agent and
attorney-in-fact for the undersigned Owner to take the following actions and exercise the
following powers and rights:
1. To make, execute, acknowledge, amend, modify and deliver in my name as the
Owner of the Property such applications for the replatting and/or rezoning of the Property,
including, but not limited to the actual plat or replat of the Property and such other documents
and instruments as may be requested or required by the City of Richland Hills, Texas, and any
and all other instruments, agreements and documents as Stewart may deem appropriate which are
in any way related to transactions involving the replatting and rezoning of the Property to permit
the development of the Property as a retail shopping center as contemplated in the Contract of
Sale by and between the undersigned Owner and the Purchaser.
• 2. To exercise such other powers as may be necessary or desirable in order to cause
the Property to be replatted and rezoned as set forth herein above.
I hereby agree and represent to those persons dealing with Stewart that this authority to
act on behalf of the undersigned maybe voluntarily revoked only by a written instrument of
revocation filed for record in the office of the county clerk of the county in which the Property is
located, except that if this authority has not been sooner revoked, it shall, in any event, be
automatically revoked and terminated and shall become null and void without any further action
on the part of either of us on May 31, 2003.
~~~,Q.:.rr,~yc r~ ,~~1, r
IN WITNESS WHEREOF, I (we) have hereunto set my (our) hand(s) this ~ ~ day ofd,
2003.
~
Owner
Owner
•
• AUTHORITY TO PURSUE REZONING AND REPLATTING
The undersigned Owner of the Property (herein so called)described as Lot 6, Block 23 of the
Richland Hills Addition, common street address of 6649 Hovenkamp St., Richland Hills, Texas,
hereby grants to John "Jack" Stewart ("Stewart"), as the representative of Barclay/Texas Venture
Capital, LLC ("Purchaser"), the authority to take actions necessary to cause the Property to be
rezoned and replatted as a retail shopping center as set forth in that certain Contract of Sale
between the Purchaser and the undersigned Owner, whereby the Purchaser has contracted to
purchase the Property from the Owner. The Owner hereby authorizes Stewart to take the
following actions without the joinder of the Owner and appoints Stewart as the agent and
attorney-in-fact for the undersigned Owner to take the following actions and exercise the
following powers and rights:
1. To make, execute, acknowledge, amend, modify and deliver in my name as the
Owner of the Property such applications for the replatting and/or rezoning of the Property,
including, but not limited to the actual plat or replat of the Property and such other documents
and instruments as maybe requested or required by the City of Richland Hills, Texas, and any
and all other instruments, agreements and documents as Stewart may deem appropriate which are
in any way related to transactions involving the replatting and rezoning of the Property to permit
the development of the Property as a retail shopping center as contemplated in the Contract of
Sale by and between the undersigned Owner and the Purchaser.
2. To exercise such other powers as may be necessary or desirable in order to cause
the Property to be replatted and rezoned as set forth herein above.
I hereby agree and represent to those persons dealing with Stewart that this authority to
act on behalf of the undersigned maybe voluntarily revoked only by a written instrument of
revocation filed for record in the office of the county clerk of the county in which the Property is
located, except that if this authority has not been sooner revoked, it shall, in any event, be
automatically revoked and terminated and shall become null and void without any further action
on the part of either of us on May 31, 2003.
IN WITNESS WHEREOF, I (we) have hereunto set my (our) hand(s) this day of February,
2003.
Owner
,/J
'~~l
i ~!~-2~'`'" ~ ~r t~ G~~
Owner
•
• AUTHORITY TO PURSUE REZONING AND REPLATTING
The undersigned Owner of the Property (herein so called)described as Lot 7, Block 23 of the
Richland Hills Addition, common street address of 6657 Hovenkamp St., Richland Hills, Texas,
hereby grants tc John "Jack" Stewart ("Stewart"'), as the representative of Barclay/Texas Venture
Capital, LLC ("Purchaser"), the authority to take actions necessary to cause the Property to be
rezoned and replatted as a retail shopping center as set forth in that certain Contract of Sale
between the Purchaser and the undersigned Owner, whereby the Purchaser has contracted to
purchase the Property from the Owner. The Owner hereby authorizes Stewart to take the
following actions without the joinder of the Owner and appoints Stewart as the agent and
attorney-in-fact for the undersigned Owner to take the following actions and exercise the
following powers and rights:
1. To make, execute, acknowledge, amend, modify and deliver in my name as the
Owner of the Property such applications for the replatting and/or rezoning of the Property,
including, but not limited to the actual plat or replat of the Property and such other documents
and instruments as may be requested or required by the City of Richland Hills, Texas, and any
and all other instruments, agreements and documents as Stewart may deem appropriate which are
in any way related to transactions involving the replatting and rezoning of the Property to permit
t~~~ ...,vc~.,N~~~er~~ a~ ~hc 1 rcper~y as a reta~, shopping center as ccn~~mp~at:,...n ~,.,~~t.uct :;L
Sale by and between the undersigned Owner and the Purchaser.
•
2. To exercise such other powers as may be necessary or desirable in order to cause
the Property to be replatted and rezoned as set forth herein above.
I hereby agree and represent to those persons dealing with Stewart that this authority to
act on behalf of the undersigned maybe voluntarily revoked only by a written instrument of
revocation filed for record in the office of the county clerk of the county in which the Property is
located, except that if this authority has not been sooner revoked, it shall, in any event, be
automatically revoked and terminated and shall become null and void without any further action
on the part of either of us on ivlay 3 i, 2003.
IN WITNESS WHEREOF, I (we) have hereunto set my (our) hand(s) this day of February,
2003.
_ c J
Ow er
~ ~ ~a
Owner
•
t tJi-Lb-"lbb5 b7:32 RM HRRGLRY GROUP 214 36fs 2185 P. 6i4
• AUTIIORITY TO PURSUE REZONING AND REPLATTING
The undersigned Owner of the Property (herein so called) described as (see attached Exhibit A),
common street address of 6630 and Gb36 Cnapcvine Highway, Richland Hi11s, Texas, hereby
grants to John "Jack" Stewart ("Stewart"), as the representative of Barclay/Texas Venture
Capital, LLC ("Purchaser', the authority to take actions necessary to cause the Property to be
rezoned and replotted as a retail shopping center as set forth in that certain Contract of Sale
betweexi the Purchaser and the undersigned Owner, whereby the Purchaser has contracted to
purchaso the Property from the Owner, The Owner hereby authorizes Stewart to take the
following actions without the joinder of the Owner and appoints Stewart as the agent and
attorney-in-fact for the undersigned Owner to take the following actions and exercise the
following powers and rights:
1. To snake, execute, acknowledge, amend, modify and deliver in my name as the
Owner of the Property such applications for the replotting and/or rezoning of the Property and
other documents and instruments as may be requested or rcyuired by the City of Richland Hills,
Texas, and any and all other instruments, agreements and documents as Stewart may deem
appropriate which are in any way related to transactions involving the replotting and rezoning of
the Property to permit the development of the Property as a retail shopping center as
contemplated in the Contract of Salc by and between the undersigned Owner and the Purchaser.
• 2, To exercise such other powers as may be necessary or desirable in order to cause
the Property to be replotted and rezoned as set forth herein above.
I hereby agree and represent to those persons dealing with Stewart that this authority to
act an behalf of the undersigned may be voluntarily revoked only by a written instrument of
revocation filed far record in the office of the county clerk of the county in which the Property is
located, except that iFthis authority has not been sooner revoked, it shall, in any event, be
automatically revoked and terminated and shall become null and void without any further action
on the part of either of us on May 30, 2003.
IN WITNESS WHEREOF, I (we) have hereunto set my ur) hand(s) this ~ day of February,
2003.
Owner
•
FEB-20-2003 09:32 RM BRRGLRY GROUP 214 366 21@5 P. 05
1 "
•r
• ~XHI~1T A
TRA~'~ 1:
• A twat pf lond out o! the kAtll~t.A L1fNCN Sl1RVEY, A8s1'fUCT N0.
957, City o! Richland Hfiir, warrant County,'?exa~, and bainq a
part o! r tract eonvayad to 6aiaway Storea, Incorpotakrd by
Gcanvllla L. Edwards tttultr by dosd dated ltareh 21, ioa/, ¦nd
racordwd in voluaa ]i~/, taq¦ t9, d! the Dead Racosda of 'tarxant
CoYpty, TeKae, ind also part o! • tcact convsyad to ssiawsy
8toru, Yncoitporstad by J.J. Aiggaft atuX, by dead datatd Nasah
2!, 1934, and recorded in Vdiltsa 2s{{, Paga 01, of ¦sid racordr
IIEOi1tNINC at a paint In kha Meat lien of the right:-oi-vay o!
ttule anew Drive, acid point hainq North 1,461.Y isat iroy tha
both iina of acrid Mahals Lynch survoyt
rHEaCe [lort[1 as dagreaa 07 what.. Hart, a dlatrnor o! fao faaR 1
,to • point for oorn.r in tha ziouthaaat Tina o! thr right-ot~way
of 9tata Highvey 1711
yltttllC~:o.tid/=igr9rof°vay linatto aapalnt for cornariwhlt:hfiat
>.ark+d by w hlghvay sonuwcnt~
TttENCE gouth i• dagsaa/ 02 ainutea teat, a diatanlse of 40.10
tut with Cba sight-ot-vay Tina connectlnq tha xighto-ot-vay ox
Ytakr Highwayy 121 and Aufa snow Dslva to • point Tar crow»as
Vhititt la sarkad by a hlghwsy lromul+ntt
TNA11Ctt FOUth 00 dagreoa 11 rinuCas Wpst, ¦ diatanea Ai lS0 last
• vitb th¦ tfa+! liar of tba right-ot-way o! Aida itnov Driv+ to the
P1.71CE O1' aEGIi1NINC and Goritaining 16,549 atplara i+rt.
TRACT 2:
tielrq • tract of land lotatad in the City oT Rlchla/w Mllla~ Tarrant
Ceunty, Tezaa. and beirp ou? of the Mahal~a tYnth 5urvay, and aetng
alwo a part ot.tAOSe tra6ti 07 laMd carw~Yad by J. J. R194ah ana
Qrariv~i.lt¦ L. Edwards to Safeway ftsrra, {ncorparatad. and be;wq arrw
par titularly descrl{:.d as To{towas
SEG{Nt{tNfl at the intarsaetlcn pT the Peat ?ina of Rufa 5no~ peiva
4i 1'U teat }trMel a.w th! North I Inc of • Zfr fOat •aN+tnt OMtMd
by t~.aa ElactrlC 8rrrfte Cpapany, taald palrt te?rq tlorth ab4.4 far:
ar.: feut:+ a4 dagrr'rc 45 ainytrl: w.t 132.y io.: frp: :t.a Twut:•~aa:
corner of the Hahaaa lynch Survey, a paint few eorewtrt
1t1~lCi, tiieuth Y9 tl+prraa r5 ¦slwtia Nast a:allq the hiarth tin; of Lt:.r.
zb toot eaaaa~t • diftanca at t~0.f)u iael. t, porn: Tor corner:
T1ditL'E Nbrth Mh de4r~a 44 ainutet 3S seco~da 1tr*= . diatance ai
333.t'S iMt to the 9~utheapl I:ro oT Statc ktyh~a; [3:. a p:•~rtt !rr
lair hMr t
TflrN'~ 4srsh y' drfrorr 73 elra.;7: E::t ::ark !ha Sw+;hesat 1:rf
Bald State Nighway IWt a distieta ai tlE.+•C~feet. a•point:
TIiNt,E t+b~lh SC doprots Pt wl~utr: 3U r.ecandt Qast ;nd eaaetwrlnq
alany~ the Ssuthraat 1tra• of acrid Ssat• M;phriY t2't. a dittrnca of
t~.00 Teek. a palnel
' 11EtQi North k' dagracs 33 ainutH Eoat and coatlnulnq afanq trice
Cauthrart tin+ of a:~c state Migtway :21, w d;atansa of 1p.~i foot.
i point for cornarl
• TiEF~ Sauth be dagrea+a 6e ainuiss t{.aat a d~starie+ o! 13p.SG !act
to the t1e11; :ine t,f kufo 5r+lrw 9r:rr. • p4tnt !l.r taraarl
TIENZE Sout1 U da4rsoa 1! atnutaa Woa: slang the 41eat 1~rie a1 Ruia
Snow Drirer a diata~e of e92.yN tact to the FI,/IGE OF iEG[tINItN3.
FtH-'Lb-YF]b3 fd7:31 RI`7 HRRGLRY GRUUP 214 366 21 a5 P. A2
• AUTHOR)(TY TO PURSUE REZONING ANA REPLATTING
The undersigned Owner of the Property (herein so called) described as (see attached )~xhibit A},
common street address of 6600 Grrapevine Highway, :Richland Hills, Texas, hereby grants to
Jahn "Jack" Stewart ("Stewart"), as the representative of BarclaylTexas Venture Capital, LLC
("Purchaser''), the authority to take actions necessary to cause the Froperty to be rezoned and
replatted as a retail shopping center as set forth in that certain Contract of Sale between the
Purchaser and the undersigned Owner, whereby the Purchaser has contracted to purchase the
Froperty from the Owner. The Owner hereby authorizes Stewart to take the following actions
without the joinder of the Owner and appoints Stewart as the agent and attorney-in-fact for the
undersigned Owner to take the following actions and exercise the following powers and rights;
1. To make, execute, acknowledge, amend, modify and deliver in my name as the
Owner of the Property such applications for the replatting and/or rezoning of the Property and
other documents and instruments as may be requested or required by the City of Richlftrrtd Hills,
Texas, and any and all other instruments, agreements and documents as Stewart may deem
appropriate which are in any way related to transactions involving the replatting and rezoning of
the Property to permit the development of the Property as a retail shopping center a$
contemplated in the Contract of Sale by and between the undersigned Owtter and the Purchaser.
2. To exercise such other powers as may be necessary or desirable in order to cause
• the Property to be replatted and rezoned as set forth herein above.
I hereby agree and represent to Chase persons dealing with Stewart that this authority to
act on behalf of the undersigned may be voluntarily revoked only by a written instrument of
revocation filed for record in the office of the county clerk of the county in which the Property is
located, except that if this authority has not been sooner revoked, it shall, in any event, be
automatically revoked and terminated and shall become null and void without any fw~thcr action
on the part of either of us on May 30, 2003.
IN WITN>;SS WHEkEOF, I (we) have hereunto set my (our) hand(s) this j
~r-~day of February,
2003.
Own
rtta-Ct7-sans 177:x1 F•ll'1 bWKI:LRY taKVUY 114 366 2195 P. 93
Being a trocr ojtand locaNrd to rhr Cary of r2tchlond NUlr, Tarrant County, Tssm, ~
ar+d bring oa+ o/'tll. MrtKAL~4 LYNCH SURV6Y, AdST,R,lCT N0.9J3, and being
also a por? ajrhe tract ojlond cenvsyrd by! J Riggan ro Sojt>roy Storrs.. ~
/neorpornted, and bring more porrlealarly desertbsdaaJollows.•
BCsClNNtNG a p pol+u in the North line of
a 10 foot twemsnt o?vned by the
Te:ar Electric Service Cornpahy, raid point being Sovth B9 degrses 4S minwtu
Wert p dlsta?ot of / 20, 00 frrt from rAa Wall Llnr ojR?rjr Snow Arias (a ! 10 foot
strsrt), and being o/ao Norfh !669.4 jeer and Sowth 89 dgrert ~J min~art Wsrt
1]1,4 jrer front the So?+Ihrat caner of the Adahalo Lynch S++rvey, a potn?for i
eornsr:
T'HBIVC6 Sowih 89 dsgrset 41 mt»+arn Wesr and etHNtnring along the North !!ns
pf raid 70foor rasrmrn? a dlrtorne oj~dLlD jrrt to the Sou+hemt tins ojStattf ,
Klghwny No. I2/, o point for oorner;
TffENCts Noah 47 degrres )j m/nutrs Eosr along the ,Sourhrart tint, of Stole ,
Nlghwap No. 1!I o d(srencr of 2/9.31 jen, n point for corner;
THENCE Somh 64 degrrrs UD minutrs 3U trcor+ds Fast u dirransr oj133.25 fst
ro rhs PLACEOf BEGINNING, conralnint opprostawrrly 31,991 iquarr fier of
• land 1
l
fscsp? to arty purr or portion of rlu pbov. drscNbrd land In thr urs or occupancy I
q/'any prbNc road or htgh~wy, ;
r<
•
INVOICE
Star-Telegram Customer ID: CIU08
400 W. 7TH STREET Invoice Number: 258461021
FORT WORTH, TX 76102
• (817) 390-7761 Invoice Date: 7/29/05
Federal Tax [D 22-3148254 Terms: Net due in 21 days
Due Date: 7/31/05
Bill To: PO Number:
CITY OF RICHLAND HILLS Order Number: 25846102
3200 DIANA DR
RICHLAND HILLS, TX 76118-6237 Sales Rep: 073
Description: OrdinaOnce 951-03 A
SPECIFICALLY FORCEMENT OF D11CatlOri Dates: 7/20/05 7/29/05
BLOCK 23, LOTS ANY OF THE PRO-
Attn CHUCK .SPRINGER 1,2 3 4 5,8 AND 7 VISIONS OF THIS
RIGiNLAND HILLSt ORDINANCE SHALL
~t ADDITION TO THE BE FINED NORIa a iYiU Hate Amount
Description I CITY OF RICHLAND MORE THAN TWO
HILLS CURRENTLY THOUSAND DOL-
ZONEh AS R-1 LABS ($2,000.00)
SIGNLE-FAMILY FOR E H OF-lOO LINE $O.8S $170.00
Ordinance 951-03 AN ORDINANCE RESIDENTIAL TO FENSE. EACH DAY
PUD PLANNED UNIT THAT A VIOLATION
DEVELOPMENT• ANY PERSON FIRM
PROVIDING FOFi OR CORPORATION
THE AMENDMENT 'WHO VIOLATES, ($64.00
Sales Discount ORDINAryN~~E 1-0:3 OF THE OFFICIAL DISOBEYS OMITS,
AN ORD NCE ZONING MAP TO NEGLECTS OR RE-
AMENDING A~HAP-! REFLECT SUCH FUSES 70 COMPLY
TER 90 OF TF CITY i . CH ES; PRO- WITH OR WHO RE-
CODE, AS END- VIp~j1 THAT THIS SISTS THE EN-
~ OFiDI ANCE SHALL FORCEMENT OF
ED THE CpMPRE- BE CU ULATIVE OF ANY OF PROVI- 0C o0
H€NSIVF, .ZONING A~L RDINANCES; SIONS OF THIS Net Amount:
OriplNpnCCEOFTHE P OVIDING A PEN- ORDINANCE MAY
CITY OF RICHLAND ALTY CLAUSE; BE SUBJECTED TO
HILLS, BY CHANG- PROVIDING A AV- SUCH CIVIL PEN-
. ING THE 20NING OF INGS CLAUSE; ALTIES AS AUTHO-
CERTAIN PROPER- PROVIDING A SEV- RIZEp BY LAW.
TIES, SPECIFICAL- ERABILITY CLAUSE' PASSED AND AP-
LY MAHALY LUNCH RPOVIDING FOFI PROVED BY THE
SIjRVEY, A-953, PUBLICATION IN 'RICHLAND HILLS
TR3A, TR3A1 THE OFFICIAL CITY COUNCIL
TR3A1A ANCI NEWSPAPER• AND FEBRUARY 11.2003.
ZONEd~UASEN C
2 FECOTIVE
DATENANY
GENERAL COM- PERSON FIRM OR
MERCIAL TO PUD CORPdRATION
• PLANNEE UNIT DE- WHO VIOLATES
VELOPM NT ANp DISOBEYS OMITS
BY CHANGING THE NEGLECTS OR RE-
ZONING OF CER- FUSES TO COMPLY
TAIN PROPERTIES, SIST30 THE O EN- 1^`'~r CHRISI'Y L. HOLLAND
MY COMMISSION EXPIRES
July 31,2008
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and Stace, this day personally appeared Lisa Wesselman, Bld and Legal Coordinator
for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, exas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published in the abo named pap r on he ted dates: BIDS 8F LEGAL DEPT. STAR TLEGRAM
(817) 390-7320
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, August 2
Notary Public
Thank You For Your Payment
...__..____...._..V
Remit~To: Star-Telegram Customer ID: CIU08
P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS
FORT WORTH, TX 76101-2051 Invoice Number: 258461021
• Invoice Amount: $106.00
PO Number:
.......~_v
Amount Enclosed $