Vista Properties-CS 891219AGR~u, fF~T REGARDII~G ADD~TXON OE L~(D
TO ~ CIT~ OF
Wk~AS, the CITIES of COPP~LL, TF~KAS and [J]WISVILLE, TEXAS
(hereinafter "Coppell" or "Lewisville") have entered into certain
agreements regarding the adjustment of their boundary lines; and
W-~, certain lend involved in the adjustment of the
boundaries between the aforementioned cities is owned and is
being developed by VISTA MORTGAGE & RF2%LTY, INC. (hereinafter
"Vista"), and such land will be hereafter within the boundaries
of Coppell;
NOW, -i'~n~EFORE, in order to smoothly effectuate the change
in boundaries between the cities, Coppell and Vista agree as
follows:
I. zONING
Vista agrees to make application to Coppell for a
zoning change based upon the plan attached hereto as Exhibit
covering all of the land in that development project known as
Vista Ridge (hereinafter "Vista Ridge") that ~will be within% the
boundaries of Coppell. Coppell agrees that the plan is a request
for zoning which is either essentially identical to or more
restrictive than the zoning currently existing on said property,
taking into consideration minor differences in the zoning
ordinances of Coppell and Lewisville. Coppell agrees that the
plan represents a reasonable and comprehensive approach to zoning
for Vista Ridge and that it will forthwith consider the zoning
case and act thereon.
AG~ REGARDIN(~ ADDITION OF LAND
PAGE ].
II. WA~ERA1TD SEWER SERVICE TO VISTA RIDGE
It is understood by the parties that, prior to the
boundary agreement between Coppell and Lewisville, the Vista
Ridge project was to be served with water and sanitary sewer
service by Lewisvills and, as a result of the boundary settlement
agreement, a portion of Vista Ridge will lie within the corporate
limits of Coppell. It is agreed by the parties that the Vista
Ridge area which will now be within the corporate limits of
Coppell will be best served with water and sanitary sewer service
by annexation of such area into the Coppell Municipal
District No. 1. Accordingly, this Agreement in its
shall not enter into force and effect until Coppell has
consented to such annexation.
III. FACILITY CONSTRUCTION
Utility
entirety
formally
plans and i t o w v
the construction of roads, water, sewer, landscaping, recre-
ational, street ].ighttng, power, natural gas. telephone, and
drainage facilities contained within that portion of Vista Ridge
located in Coppell. Vista agrees to complete construction of
such improvements in accordance with such previously app!'oved
plans and specifications, or cooperate with the Denton County
Road Utility District No. 1 for such construction. Coppell
agrees not to require changes to such installed facilities or
previously approved plans and specifications of facilities that
a~e either completed or under construction.
AG~ REGARDING ADDITION OF LAND
PAGE 2
IV.
Exhibit 3 attached hereto identi£ies the area being
added into Coppell, and Vista agrees to submit plats for such
area to Coppell for its approval and to show this land as an
add~tion to Coppe]l. Coppell shall approve the fac/lit/es in
these plats.
V. A~PHI~I'ER PARKING ~ ~
Coppe]l agrees that the area located south of Lak~~
Vista 9rive and marked as "temporary amphitheater parking" on
Exhibit 1 attached hereto may be used for temporary amphitheater
parking until construction of permanent parking to serve
buildings proposed to be built on the site of the temporary
parking. Vista agrees to require by deed restriction that the
owners and occupants of the permanent buildings allow the
permanent parking facilities for such buildings to be used by
amphitheater patrons.
w.
Usage o~ the amphitheater in Vista ~id~e shal~ be
regulated by and under the supervision of the Vista Ridge
Property Owners Association (hereinafter the "Association"), and
the Association shall be responsible, at its e~pense, for upkeep
and maintenance of the amphitheater so lonq as the Association
owns the amphitheater. Vista agrees that the rules and
regulsttons of the Association will provide that Coppell shall
have the right to reserve usage of the amphitheater for no less
than twenty-five percent (25%) of reservable rims during each
month; by prior agreement, Lewisvi].le has been allocated fifty
percent (50%) reservable usage, and the Association shall be
AG~ REGARDING ADDITION OF LAND
PA~E 3
allooated twenty-five (25%) usage (Coppe]l, Lewisville and the
Association being hereinafter the "Users"). If, after the date
established for reserving time during each month, there remains
Unreserved time, each of the Users may reserve usage in excess of
the aforesaid Dercentages The application of those percentages
shall remain in effect for a minimum of twenty (20) years and for
such additional period as the amphitheater is owned by the
Association.
VII. REG%V~ATORY~_~RKMENTS
hereunder
may be
This Agreement and the obligations of the parties
are subject to all rules, regulations, and laws which
applicable by the United States, the State of Texas, or
any regulatory agency having jurisdiction.
VIII. ?ARTIE$ IN INTerEST
This Agreement shall be for the sole and exclusive
benefit of the parties executing this Agreement and shall not be
construed to confer any benefit or right on any other party.
Yx. ENT~R~_~. A~I~T
This Agreement constitutes the entire agreement between
the partles re]ative to the subject matter hereof. There have
been and are no agreements,
warranties between the parties
or provided for herein.
covenants, representations, or
other than tho.se expressly stated
X. AU'~ORXTY ~RAGREIg~I~
Each party hereto represents to the other party that
the execution and delivery of this Agreement has been duly
authorized by all necessary proceedings and actions.
AGREEMENT REGARDING ADDITION OF LAND
PAGE 4
IN WITNESS WI~k~EOF' the parties have executed this Agreement
in multiple copies, each of which shall be deemed an 0riginal~ as
of the ~__~_~_ day of March, 1989.
CITY OF COPPELL
(SKAL)
By:
Name:
Title:
VISTA
....
Name.
AG~I~IENT REGARDING ADDITION OF LAND
PAGE 5
],.!_._~(~.~ ~~ VISTA RIDGE DEVELOPMENT
. CITY OF COPPELL
EXHIBIT 2
SUMMARY OF P~NS AND SPECIFICATIONS
FOR
INSTALLED FACILITIES
AND
FACILITIES PREVIOUSLY APPROVED BY LEWISVILLE
TITLE
Vista Mortgage & Realty, Inc.,
Vista Ridge Development, Construction
Plans for Paving, Drainage and Utilities -
East Area, November ]985
Vista Mortgage & R~alty, Inc.,
Vista Ridge Development, Construction
Plans for Paving, Drainage and Utilities -
West Area, February 1986
Denton County Road Utility District No. ],
Construction Plans for Paving and Drainage,
Spine Road, Denton Tap Road to I.H. 35-E,
May 1987
Denton County Road Utility District No. 1,
Construction plans for MacArthur Boulevard
Bridge at Denton Creek, April 1987
Denton County Levee Improvement District No. I,
Construction plans for Gateway Reclamation,
roject, May 198S
6. Vista Mortgage & Realty, Inc.,
Vista Ridge Development, Construction Plans
for Street Lighting, Phas~ I, June 1988
7. Vista Ridge Development, Construction plans for
Landscaping, Irrigation, and Entry Features -
Phase I, August 1988
8. Vista Ridge Development, Construction plans for
Vista Ridge Amphitheater Parking Lot, August 1988
STATUS
Complete
Complete
Complate
Complete
Complete
Complete
Complete
Complete
kn:O2298PD
1354-01
VISTA RIDGE DEVELOPMENT
AREA TO I~E PLATTED WITHIN
CITY OF COPPELL
SENT BY:LMHT&B DALLAB
4-90
21~.95~ 8"2!4 @5~. 3334
~)LUTIQN REC-4t~_IN~_ ADDZTION OF ~ AND FACILITLF~
~_DEN~ON COUI~TY ROAD UTIr. ITY DISTRICT. NO. _1
wm~EAS. DENt0N COUNT~ ItOAD UTI&ITY DISTRICT NO. 1
(he~einafter the "RUD"), having been created by order o~ ~he
STAt~ HIG~MAY AND PUBLIC TI~ANSPORT~TION COI~ISg~ON (hereina~er
~% "~sl~"}, ~as const~cted Or ha~ o~e~se at.ired, an~
will ~n ~e ~ut~=e continue to ~o sO, certain road and ~ra~nage.
by ~e Co~ss~on; ~d
certain 1~, located w~n ~e bo~da=ie~ of ~e CI~ OF
~PP~. ~ (hereinafter "Coppell") and identified as Tracts
hereto, be added to ~e R~; a~
~ ~pon ~uch additlon of l~d to ~e R~, ~e R~
fur~r de~s i~ to ~e benefi= of ~ R~ ~ha= certain road a~d
drainage facilities, described more fully hereinafter, upon or
adjacent 2o such land, ~leea such facilities be already ~en
built, shall be built and finance~ by or on behalf o~ ~e R~ and
shall, u~n completion. Be 2r~aferred and co~veye~ b2 ~e R~ tu
Coppell a2 no ocs2 2o Coppell; Now, ~ereffo=e
BE ~T ~BY RESOLVED BY ~ BOA~ OF D~RECTORS OF DENTON
CO~ RO~ UTILI~ DISTRI~ ~O. 1 ~T:
I. .~IT!ONO~ ~ INTO ~ RU~
~e advantage of ~e-.'~R~...A~ ~e ~ime one o~ mere petitions to
be edded ~O.~e R~'a~ .s~m&tted by the o~e= or o~e~s of one
Or more of ~ ~velope= Tracts, ~e R~ agrees
consen~ of ~e
..,
~on ~e a~tion of ~e Developer Tracts to ~e,
~a R~ a~eel ~o ~clude two b~i~g~s ovm~ Denton Creek, o~e on
Mac~r~ur BouZev~rd ~d ~e o~er- on Denton T~p ~oad, w~in
R~ development pl~ and, ~ect to approval by ~e
and by the ~ D~~ O~ HI~S ~ ~LIC
(hereinafte~ ~e "Depar~ent"), shall 'promptly undertake, except
construction, of ~e bridges at no cost to
Boulevard bridge ~all be ~n accord~ce wl~ details ~ho~
~the= bridges wi~in ~a~ certain development ~ro~ect ~o~ as
Vists Ridge; ~a architectural trmatmmn= of ~e Denton Tip Road
br~d~e ~all be ~n accordance wi~ ~e details sho~ on E~ibit 3
so as =o =~rree~o~ wi~ the detail~ of a Den~on Tap Road
built %o ~e ~ou~; an~ bo~ bridgem over Den=on Cree~ shall
constructed in accoNd~ce with ~e architectu~al
hareinabove mentioned and such o~her pla~ and ~Peoi~icationa
finally approved by *.ha Department.
Upon ~e addition to ~e ~ oF ~o land identifie~ as
Trac= 0 ca E~lbl~ 1 hereto, ~e R~ shall include wi~in ~a ~
develo~men~ pl~ ~a~ ~rtion o~ MacArthur Boulevard sou~ of
De~ton Creek ~o ~e exta~in~ nor~ern te~inus of MacAr~hur
~levard, together wi~ =he dral~ge re.ired incident ~ere~o,
(hereinafte~ ~e "MacAr~u= Boulevard ~acili~M,,) and, s~Jec~ to
approval by ~e C*~lssion ~d hy the Department,
undertaRe, except
~aoility alread2
construction of
shall promptly
as to any portion of the MacArthur Boulevard
then built, ~o construct or cause the
the Ma. Arthur ~ouleve~ ~il~, (~,) in
accordance with plans and specifications and with right-of-way
acquisition arrangements finally approved by ~b.e Department~ and
(b) a~ nO ~OSt to Coppell.
I¥- ~
Ulmon ~he addition to the RUD of ~a land identi£ied aa
Tracts A and B on Exhibit 1 hereto, the RUD shall include within
the RUD development plan ~at portion o~ Denton ~ap Read,
tone.er wi~ ~e ~aina~e real.ed incident ~ereto: (i) ~rom
~e nor~ern limit o~ ~e Denton Tap ~Oad improvemen~ which has
been ccnst~cted bM Ooppell, sal~ limit bein~ apprcxima~ely three
h~d~ed ~wenty (320) fee~ e~ o~ Denton Creek. to Den~on Creek
(hereinafter ~e "Sou~ern Se~n~") and (ii) from Denton Creok
to ~e nor~ern bo~darles of ~e R~ on Dento~ Tap Road, which
,, .... '2 --_: , -
bounds=isa &re ma=ked on E~hiblt i aa point "Y~' on the west side
of Denton Tap Road and point "Z" on the east side o~ s~¢h r~a~
(hereinafte~ ~e "~orthe~ Segment" ) (both Semen,s being
ha~elnafter ~e "Dent~n Tap Road Facility"). ~e Denton T~D Road
~acility ~all be slx-lane construct/on wi~in ~e Sou~ern
Se~ a~ wi~l~ ~e Nor~ern Se~ent from Denton Creek to
~int "Z"~ be~een points "y" ~d "~", ~e Denton Tap R.a~
pl~ ~d its ~alI~en~ shall be In accordance wi~ ~e ma~ter
~Orou~h~are plan ~ur~n~ly ap~ove~ by Copp~l i. If ~e
so.ired ~d provided ~o ~e R~ by Coppell a= no cos~ to ~e
portion of ~e Denton Tap Road ~acilt~y already ~en buil~, to
oonstruot or cause *.he construction of *-He Denton Tap Road
Facility~ (a) in accordance with plans and specifications finally'
CoppeI1,
All of ~he under~aking~ of ~he RUD set
re~lu~ion a~e ~ubJect to all rule~,
may ha applicable by ~e United
any =egula~ory a~enoy having ju~isdIction.
adoption.
forth in this
and laws which
of Texas. or
SE~T BY:'L~T&8 ~&LLAS
~'~- ~-90 ~12:02P~ ',
;# 8
'x
DENTON COUNTY
Ri)AD UTILITY D~rRICI' NO. 1
ANNEXATION PLAN
PROPOSED MACARTH UR
BOULEVARD BRIDOE
ARCIII'I'E('I'URAL T)tY. AI MI:NI
~.TYPICAL PEDESTAL,
RAIL
~¢AL 8ALUSTIERl
PROPOSED DENTON
TAP ROAD BRIDGE
ARt'IIII'E('i tJRAI.
EXHI~T 3
(214) 954-3333
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
1800 Lincoln Plaza
500 North Akard Street
Dallas, Texas 75201
Fa~imile No: (214) 954-3334
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REMARKS:
CIT~' OF COPI~ELL
FROM: LAWRENCE JACKSON
GUR FAX NUMBER --- (214) 954-3334
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