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HomeMy WebLinkAboutORD 1996-045 ORDINANCE NO. 96-45 ,�„ AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z96-13 ON A TRACT OF LAND OUT OF THE J. GIBSON SURVEY, ABSTRACT NO. 1715, NO. 1716 DALLAS COUNTY, TEXAS, AND ABSTRACT NO. 586 TARRANT COUNTY, TEXAS DESCRIBED AS BEING A TRACT OF LAND, LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING "�� THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing �* called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately �" surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and giare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to ,,�, traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and �--> WHEREAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for this change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was .� originally classified; and, therefore, feels that a change in zoning classification for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas and helps promote the '� general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF �� GRAPEVINE, TEXAS: �� Section 1 . That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z96-13 to rezone the following described property to wit: Being a 79.892 acre tract of land (2450 State Highway 121 North) more fully and completely described by metes and bounds in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PID" Planned Industrial Development District is hereby changed to "CC" Community Commercial District Regulations for development of a church, all in accordance with a concept plan approved pursuant to Section 45 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "B", provided, however, that the property described in Exhibit "A" shall be governed by the Deed Restrictions in Exhibit "C" attached hereto and made a part hereof. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances and all other applicable and pertinent "�" ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made 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 buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the r� City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. � ORD. N0. 96-45 3 Section 6. That the terms and provisions of this ordinance shall be deemed "�"" to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not � affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars (52,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of ,)uly , 1996. APPROVED: William D. Tate Mayor ATTEST: Lind Huff City Secretary �„ APPROVED AS TO FORM: � � John F. Boyle, Jr. � Ci y Attorney ORD. NO. 9s-us 4 ��.�I`�I Tp ' � �t'�- `�S zq�- �3 ��-�� c; ra�- FELLOWSHIP OF LAS COLINAS � �9.892 ACRE TR�CT �UN 1 u �99b ZONING DESCRIPTION , A p� � ��`1�i tl��� BEING a 79.892 acre tract out of the J. Gibson Survey, Abstract No. 1715 and the J. Gibson Survey, Abstract No. 1716, Dallas County, Texas and the J. Gibson Survey, Abstract No. 586, Tanant County, Texas and being a portion of a tract of land, conveyed by deed to the Feilowship of Las Colinas, recorded in Volume 94091, Page 1 b80,'Deed Records, Dallas County, Texas and Volume 11578, Page 1111, Deed Records, Tarrant County, Texas. Said 79.892 acre tract being more particularly described by metes and bounds as follows: COl�Il�IENCING at a point in the southwest corner of a tract of land, conveyed by deed to Hunt Properties, recorded in Volume 80051, Page 2541, Deed Records, Dallas County, Texas, said point being in the north right-of-way line of Bethel School Road (a 60 foot R.O.W.); THENCE North 89°43'S7" West, along said noRh right-of-way line, a distance of 621.84 feet to the POINT OF BEGINNING, being located on the Dallas/Tarrant County Line and the City of CoppelUCity of Grapevine Corporate Line; THENCE North 89°43'S7" West, continuing along said north right-of-way line, a distance � of 464.68 feet to a point for corner; THENCE South 00°00'34" West, continuing along said north right-of-way line, a distance of 24.47 feet to a point for corner; THENCE North 89°26'S0" West, continuing along said north right-of-way line, a distance of 192.77 feet to a point for corner; THENCE North Ol°25'15" West, continuing along said north right-of-way line, a distance of 24.9 i feet to a point for corner; THENCE North 00°00'13" East, leaving said north right-of-way line, a distance of 1,324.03 feet to a point for corner; THENCE North 87°55'19" West, a distance of 122.74 feet to a point for corner; THENCE North 00°25'33" West, a distance of 1,095.63 feet to a point for corner; �, T'HENCE North 89°41'03" West, a distance of 359.62 feet to a point for corner; THENCE North 00°25'07" East, a distance of 69.88 feet to a point for corner; � �xttta�r__."� r� _��,�,--�s �age .....�.. ,� -�..�E'(�;��� z �c� -- ,3 ��� ��N Y ir 199 � e� s THENCE North 89°38'42" West, a distance of 11.18 feet to a point for c�r;^ . " ������ �, THENCE North 00°27'25" West, a distance of 23491 feet to a potnt for corner; THENCE North 89°23'14" West, a distance of 282.62 feet to a point for corner, said point being in the easterly right-of-way line of State Highway 121 (a variable width R.O.W..), said point also_being the point of curvature of a non-tangent curve to the left, having a delta of 07°59'21", a radius of 4,594.63 feet, a tangent length of 320.85 feet and a chord bearing and distance of North 31°41'41" East, 640.15 feet; THENCE northeasterly, along said easterly right-of-way line and along the arc of said non-tangent curve to the left, a distance of 640.67 feet to a point for corner; THENCE North 27°29'48" East, continuing along said easterly right-of-way line, a distance of 522.56 feet to a point for corner, said point being the point of curvature of a curve to the right, having a delta of 06°31'20", a radius of 2,826.79 feet, a tangent length of 161.07 feet and a chord bearing and distance of North 30°43'30" East, 321.61 feet; " THENCE northeasteriy, continuing along said easterly right-of-way line and along the arc of said curve to the right, a distance of 321.79 feet to a point for corner; �NCE South 89°45'17" East, leaving said easterly ri�ht-of-way line, a distance of � 711.37 feet to a point for corner, located on said CountylCorporate Line; THENCE South 00°08'1 S' West, following along said County/Corporate Line, a distance of 4,020.10 feet to the POINT OF BEGINNING and CONTAINING 3,480,112 square feet or 79.892 acres of land, more or less. � � � � ---- ,: :' _ .IY'LI[I 3.lO.SY.6B S y ., .: Q ' � ' — F /- W- '� ' / __ � _ __ _ O . � � ,� �� � _- „° � � Q � e � � `. � `�' \ � o o � _ Q W d ` � _ � A F, w I, , ry !// _ Q' �,;F �.� (�'//I g �+ ..J/ r�1, '�c' �/// $� G�T'1l "'! � / � �/] N 7f�� F � v � �/�� � ���II � � _ � �zoc0.' 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G=� 4� i , � � i � � i i �, i ; � . i i � . , � i � . � .�•„r�. ( i • �� .ZS'9801�. M.lG.2>.6B N i � " ""_�. 1'. _ _......-..._ _..�, n..._�_._...._� / _ ' •+Jr. - - -- ' . ..:..... ..n """' ..: .. �. �i _ �-._ _= LL ___;_ �-- - - - -- K02I`� ��I.L�H- , ,__- _-- ,---__; , _. _ _ .._ _._ �. � � �,�.. :,�e �� �. r . �� C r �:� ��--,�s � > > ; , � � - . . ; . ,. , ; . . .� ���� �x�ie�r.� � c . ; � � P;�„� - � - of ..!L� � . ����I���� �. • DECLARATION OF COVENANT ` ANp JUL -8 1996 DEED RESTRICTIONS .,. ����I�� THE STATE OF TEXAS COUNTY OF TARRANT Know all men by these presents Fellowship of Las Colinas Church ("DECLARANT"1 is owner in fee simple of certain real property consisting of approximately 79.892 acres located in Tarrant County, Texas. Being more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "PROPERTY" or the "ADDITION"1. Declarant hereby covenants and agrees that Declarant, and its Successors and Assigns, shall develop the property, with the following deed restrictions, to wit: ` (11. The owner of the subject property shall execute an avigation easement and release, a copy of which is attached hereto and labeled Exhibit "C", and owner °°��°, shall comply with all conditions and requirements contained in said easement and release, including, but not limited to, the following: �� (a). As a condition precedent to the issuance of any building permits, the Grantor shall retain the services of a qualified independent acoustical consultant satisfactory to the City of Grapevine, which approval will not be unreasonably withheld, who shall certify to the City that the proposed construction plans are sufficient and adequate to prevent aircraft noise levels from being more than 10 dB above the NC values called for in the Joiner Report; and (b). As a condition precedent to the issuance of certificates of occu�ancy on any buildings or structures, the Grantor shali retain t�-�� s2rvi��s of a qualified independent acoustical consultant, satisfactory to the City of Grapevine, which approval will not be unreasonably withheld, to conduct ,,�-� post construction tests and certify that the noise reduction (NR► ..x�- attenuation requirements to prevent aircraft noise levels from being more " °'�` than 10dB above the NC values called for in the Joiner Report have been met. :��.R �:Wa Upon a written request being submitted by the Declarant to the City's Director ._,a Y � of Development Services, the City of Grapevine agrees to confirm in writing whether . � the property has been developed in compliance with the above-stated restrictions. �°� O:\ZCU\DEEDRES.FLC 1 ..,,. �`� 4 + �.t c.� � EXHI � — .� - ����� �� , BI T � C _ ���S�S . . � Pa�� �— �� �_%_.�._, JUL °� 19�6 These restrictions shall not be altered, amended or termin� ���=public �� hearing before the City Planning and Zoning Commission and the City Council of the ��4ss# City of Grapevine. Notice of such public hearings shall be given as would be required by law for a zoning change on the property. The City Manager or Designee, through authorization by majority vote of City Council of the City of Grapevine, Texas and Fellowship of Las Colinas Church, Successors or Assigns, must sign the document to be filed in the Deed of Records of Tarrant County, Texas, approving the amendment or termination of this Declaration of Cavenant and Deed Restrictions. These restrictions contained herein are not in any manner intended to restrict the right of City Council of the City of Grapevine to exercise its legislative duties and powers insofar as zoning of property is concerned, nor are they intended to restrict the right of the Declarant to add restrictions on the property as iong as the additional , restrictions do not contradict this Declaration of Covenant and Deed Restrictions. These Covenants are perpetual unless canceled or modified by mutual agreement of the parties. These restrictions inure to benefit the City of Grapevine, and the City of Grapevine does hereby reserve the right to prosecute, at law and equity, against the person violating or attempting to violate such restrictions, either to prevent him from so doing or to correct such violation and for further remedy, the City of Grapevine �� may withhold the certificate of occupancy necessary for the lawful use of the property until such restrictions described herein are fully complied with. These restrictions are hereby declared covenants running with the land and shall be fully binding upon all persons acquiring said property within the tract described in Exhibit "A", and any person by acceptance of the title to any of the property shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. �,.�� .,,... +;.""i..q . *,' �,'� ;�;:„� ��N' ,��.J O:\ZCU\DEEDRES.FLC 2 ._ �-r v: `,� :: t +_:� - �,�-�9�ir�.. fo �:� y���_ s�s ' � ����I� �� � � Page 3 _ �° � J U L °� 1996 . EXECUTED on this the � � day of �_, 19�����'�� �.,_� Fellowship of Las Colinas Church B ' Y• i �' � �' /� . , , � .- . a�,� � � Michael Wilkens Trustee STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the �day of , 1996, by Fellowship of Las Colinas Church, on behalf of said corporation. :`e:�Y'�;B(;-. ��ppogpN Notary Public Signature _i' �' _*: •*` MY COMMISSION EXPIRES '=;;,Fq;;t+;.� November9,1996 �� � EXECUTED on this the i�� day of , 1996. The City of Grapevine, Texas BY Trent Petty, City Manager STATE OF TEXAS � COUNTY OF /C� ���� ,��. Zti �1 �`�.. This instrument was acknowledged before me on the� day of .c� , 1996, -,�. t�� ��,��t,Pe�t��,�,��;�j�xx�lA�t���r for the City of Grapevine. x��� xx xx .�,. z ,�R:� '� �'`�:;�A z _. o �"''° TEXAS X X * '`�} YC?A�t aZ�LiC — x � _� X '"� � y: ,y..� C�4+r+.SS;QV �XP(RES x .:',� x ��,�t�+�,r' �=;'=�t3�� Q. 1998 x �__�-�'L��l� x z �x- Notary Public Signature `"� �x� ������7�, ., rY�YY�Yiixxxzxxxxxxxxxxxxxxxx `.a y..,*.� O:\ZCU\DEEURES.FLC 3 - � ._. � �: .� � i ! , - �\`1.s .�.. ` p O ^'�LGC/ �(t�,"' L's � - .. ,.�- � of �� ����� JUL ° � 1996 � AVIGATION EASEMENT AND RELEASE , �����I�� ��..:� THE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, The Fellowship of Las Colinas Church, hereinafter called "Grantor", is the owner of that certain parcel of land, hereinafter referred to as "Subject Property", situated in the City of Grapevine, Tarrant County, Texas, being more particularly described as shown on Exhibit A and as the Subject Property of the City of Grapevine Zoning Case Z96-13; and WHEREAS, Subject Property is located within close proximity of the Dallas-Fort Worth International Airport (°D/FW") and is subject to aircraft noise and other noise and aircraft overflight due to such location; and WHEREAS, Grantor has processed said zoning case through the procedural process required under the City of Grapevine's ordinances; and WHEREAS, Grantor has retained the services of professional noise consults to - evaluate the impact of the noise on the Subject Property and any subsequent development due to the proximity of D/FW to Subject Property; and �g�� WHEREAS, the provisions and requirements of this avigation easement and release are incorporated into the zoning conditions of Zoning Case Z96-13. NOW, THEREFORE, in consideration of the sum of ONE AND 00/100 ($1 .00) DOLLAR and other good and valuable consideration, the receipt and sufficiency of which is hereby fully acknowledged and confessed, Grantor conveys to the City of Grapevine, Tarrant County, Texas, the Dallas-Fort Worth International Airport, the Cities of Dallas, Texas and Fort Worth, Texas, hereinafter called Grantees, for the benefit of the general public at large, an easement for the free passage of aircraft, by whomever owne� or operate�, in and tl�rouc�h the air space over and across those parts of the Grantor's lands bounded and particularly described on Exhibit A, as provided, however, the air space in which the easement is granted shall be that which lies above the height restriction as presently established by Ordinance No. 73- ^�w�-� .... 50 of the City of Grapevine, known as the Airport Zoning Ordinance of the Dallas-Fort ,�,•V+ Worth International Airport, to an infinite height above same; furthermore, Grantor ._. does hereby waive, release, remise and quitclaim to the Grantees, for the use and benefit of the public and its agencies, any and all claims for damages of any kind to .., � ��:..w persons or property that Grantor may suffer by reason of the passage and flight of �.::�,, all aircraft in the air space above Grantor's property above the noted height restriction -� ;�..� to an infinite height above same, whether such damage shall originate from noise, _ "��" vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be O:\ZCU\DEEDRES.FLC 4 � -� ,.,:' ._ " ; / .�: �� �°� �.�'�:� � =��Is�i�� TO ��ce ��-S�S JUL ° �� 19�F . � p��� ---�. of �� _.._,.�...._ , , _ caused by the operation of aircraft landing at, or taking off from, or pe�r�at�`i�g�at��r� on the D/FW. � This instrument does not release the owners or operators of aircraft from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to noise, fumes, dust, fuel or lubricant particles. It is agreed that this Release shall be binding upon said Grantor, its successors and assigns in interest to said property; and it is further agreed that this instrument shall be a covenant running with the land, and shall be recorded in the Deed Records of Tarrant County. Grantor does hereby acknowledge that the Subject Property's proximity to D/FW will result in aircraft and other noise both outside of any buildings and structures and inside any buildings and structures and that the use of Subject Property for church and other purposes encompasses uses that will be impacted and effected by said noise. This fact is noted in a report entitled "Acoustical Study for Proposed Development at State Highway 121 North of Bethel Road, Grapevine, Texas" by Joiner Rose Acoustics dated July 1993" (Joiner Report), which report was prepared for Grantor, is on file in the official public records of the City of Grapevine - - relative to Zoning Case Z96-13 and is incorporated by reference in its entirety in the body of this easement and release and in a report for the City of Grapevine by Harris �� Miller Miller & Hansom, Inc. dated August 11, 1993 (Harris Reportl, which report is in the public records of The City of Grapevine for Zoning Case Z96-13 likewise acknowledged by Grantor and is incorporated into the body of this easement and release. Grantor does hereby agree to the following acknowledgments, conditions and requirements as conditions precedent to the development of Subject Property: 1) Recognition of the noise levels outlined in both the Joiner and the Harris Reports; 2) All definitions and abbreviations are defined in the Joiner and Harris Reports; �:,..� _�. 3) Construction of all buildings and structures shall prevent aircraft noise �Ms k,°r:\� levels from being more than 10dB above the NC values as called for in ._._ the Joiner Report; and �. _a 4) Recognition and acknowledgment that the building and structure costs c..�:� ��� could increase substantially in order to incorporate the necessary and =�" ������; required noise attenuation goals set out in the Joiner and Harris Reports; ;� �� O:\ZCU\DEEDRES.FLC 5 i— , t.. ,� ,t , �--- �x�����r�. ro �� q�-�" . � i . . � Pags __.lz__ �° ii J U L � � 1996 . 5) As a condition precedent to the issuance of any B�il�� he x Grantor shall retain the services of a qualified independent acoustical �r�,.:� consultant satisfactory to The City of Grapevine, which approval will not be unreasonably withheld, who shall certify to the City that the proposed construction plans are sufficient and adequate to prevent aircraft noise levels from being more than 10 dB above the NC values called for in the Joiner Report; 6) As a condition precedent to the issuance of certificates of occupancy on any buildings or structures, the Grantor shall retain the services of a qualified independent acoustical consultant, satisfactory to the City of Grapevine which approval will not be unreasonably withheld, to conduct post construction tests and certify that the noise reduction (NR) attenuation requirements to prevent aircraft noise levels from being more than 10 dB above the NC values called for in the Joiner Report have been met. Grantor, its successors and assigns do hereby release, relieve, quit claim, hold harmless and indemnify the City of Grapevine, its City Council, officers, agents, employees and servants for any and all damages, injuries, claims, causes of action, lawsuits, inverse condemnation claims and any claims whatsoever arising out of or connected in any manner with the approval of Zoning Case Z96-13, approval of the Fellowship of Las Colinas Church subdivision plat, issuance of any building or other �����= permits and any certificates of occupancy which release and indemnify shall include all costs of court and attorneys' fees. EXECUTED at Grapevine, Texas this day of , , , A.D., 1996. GRANTOR: FELLOWSHIP OF LAS COLINAS CHURCH M. �� � ! . IVlichael Wilkens, Trustee `"'� ?,a'� ATTEST: , ...� : .,� �w:,°:� �:. _�A ,, , � O:\2CU\DEEDRES.FLC 6 —° '� `-� 4— � � r . � E� ��. EXHIBIT= Tp �� Q���`�-s JUL ° � 199F � � � � Pa9e _.� of _.��..,_ � FkY. � BEFORE ME, the undersigned, a Notary Public, in nd r s9i ��� State, on this day personally appeared ��,��n c-����l�-�A� , known to me to the person and officer whose name is subscribed to the foregoing :?�.Wwuag ' instrument and acknowledged to me that he executed the same for purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the �� day of , 1996. Notary Public in and for Tarrant County, Texas ��-r� 1 A �d�s� .�✓ Notary Printed Name _.__ .��at�a"�6y��. CARLA DUDSUN My Commission Expires: �*d ''' MY COMMISSION EXPlRES •''.E,YP:a+s ovem er 9,1996 �� A� ��� Notary Public Signature .`� . �.� � ������� � 4���;'�D ,..:,'" �m ..., O:1ZCU\DEEDRES.FLC 7 . . V .,+ � � I �— _. 1� 11 EXHIBIT � EXNIBIT � T� ���- �?�•��s ' Page .��.. �j �C C��'��� rELLOWSHIP OF LAS COLINAS � 79.892 ACRE TRACT ��� � 6 ]9g6 ZONiNG DESCRIPTION �, A�A�'A�� ;�:,,� �'1 �tl e�I BEING a 79.892 acre tract out of the J. Gibson Survey, Abstract No. 17l 5 and the J. Gibson Survey, Abstract No. 1716, Dallas County, Texas and the J. Gibson Survey, Abstract No. 586, Tarrant County, Texas and being a portion of a tract of land, conveyed by deed to the Fellowship of Las Colinas, recorded in Volume 94091, Page 1680, Deed Records, Dallas County, Texas and Volume 11578, Page 1111, Deed Records, Tarrant County, Texas. Said 79.892 acre tract being more particularly described by metes and bounds as follows: COMI��NCING at a point in the southwest corner of a tract of land, conveyed by deed to Hunt Properties, recorded in Volume 80051, Page 2541, Deed Records, Dallas County, Texas, said point being in the north right-of-way line of Bethel School Road (a 60 foot R.O.W.); THENCE North 89°43'S7" West, along said north right-of-way line, a distance of 621.84 feet to the POINT OF BEGINNING, being located on the Dallas/Tanant County Line and the City of Coppell/City of Grapevine Corporate Line; � THENCE North 89°43'S7" West, continuing along said north right-of-way line, a distance �,t� of 464.68 feet to a point for corner; THENCE South 00°00'34" West, continuing along said north right-of-way line, a distance of 24.47 feet to a point for corner; THENCE North 89°26'S0" West, continuing along said north right-of-way line, a distance of 192.77 feet to a point for corner; THENCE North Ol°25'15" West, continuing along said north right-of-way line, a distance of 24.91 feet to a point for corner; THENCE North 00°00'13" East, leaving said north right-of-way line, a distance of 1,324.03 feet to a point for corner; �. .� THENCE North 87°55'19" West, a distance of 122.74 feet to a point for corner; ''{rm� .,. , THENCE North 00°25'33" West, a distance of 1,095.63 feet to a point for corner; ..� THENCE North 89°41'03" West, a distance of 359.62 feet to a point for corner; � �, THENCE North 00°25'07" East, a distance of 69.88 feet to a point for corner; ,M- :�.� EXI�iIBIT "A" EXHIa:� �`�,. -p ��-- �/�- `��� ��� � �-. .� �.�' of �� ����� `��N Y �� 1996 THENCE North 89°38'42" West, a distance of 11.18 feet to a point for cc�r;� _ " y"f�p,,���a �d ; � THENCE North 00°27'25" West, a distance of 234.91 feet to a point for corner; THENCE North 89°23'14" West, a distance of 282.62 feet to a point for corner, said point being in the easterly right-of-way line of State Highway 121 (a variable width R.O.W.), said point also being the point of curvature of a non-tangent curve to the left, having a delta of 07°59'21", a radius of 4,594.63 feet, a tangent length of 320.85 feet and a chord bearing and distance of North 31°41'41" East, 640.15 feet; THENCE northeasterly, along said easterly right-of-way line and along the arc of said non-tangent curve to the left, a distance of 6�0.67 feet to a point for corner; THENCE North 27°29'48" East, continuing along said easterly right-of-way line, a distance of 522.56 feet to a point for corner, said point being the point of curvature of a curve to the right, having a delta of 06°31'20", a radius of 2,826.79 feet, a tangent length of 161.07 feet and a chord bearing and distance of North 30°43'30" East, 321.61 feet; THENCE northeasterly, continuing along said easterly right-of-way line and along the arc of said curve to the right, a distance of 321.79 feet to a point for corner; THENCE South 89°45'17" East, leaving said easterly right-of-way line, a distance of ���� 711.37 feet to a point for corner, located on said County/Corporate Line; THENCE South 00°08'15" West, following along said County/Corporate Line, a distance of 4,020.10 feet to the POINT OF BEGINNING and CONTAINING 3,480,112 square feet or 79.892 acres of land, more or less. . ��;�� ^�.�`� , , � :.,:=� �,�� ..:.er- ,�. �..� ! ' EX�1:�' ' .�..� �'0 ��.� ��--S�S � � . _ /� of �_ - . _ i � ��� D196144116 CITY OF GRAPEVINE P O BOX 95104 TERESA WALLACE GRAPEVINE, TX 76099 —W A R N I N G—THIS IS PART OF THE OFFICIAL RECORD---D O N O T D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME 196264773 DR92 T003957 07/26/96 09 : 54 ;� INSTRUMENT FEECD INDEXED TIME 1 D196144116 WD 960726 09 : 53 CA T O T A L : DOCLTMENTS: Ol F E E S : 21 . 00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL UR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE _m..... IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. ^.s7� �.:a 9 ',.� yry,��� ._.,r . _�_.d :€.n..�<:,,. �� -�,;,5'°'.'�++ ' k �� � � ✓ i � - � � � �XNIBIT� -�; �-�� �'�-S�S , - - P�,.,:. _-__ �!.-_ of .._..1L_ �._.:� D196164446 CITY OF GRAPEVINE PO BOX 95104 ATTN: T WALLACE GRAPEVINE, TX 76099 —W A R N I N G—THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME 196290900 DR93 T021316 08/21/96 12 : 59 ��_,a,. INSTRUMENT FEECD INDEXED TIME 1 D196164446 WD 960821 12 :55 CA T O T A L : DOCUMENTS : O1 F E E S : 25 . 00 B Y: � 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. � r� �°Y �..�a � , � J �: