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HomeMy WebLinkAboutCity Council Resolutions (R-02-1968-B)-10/01/2002 RESOLUTION R-02-1968-8 A RESOLUTION AUTHORIZING THE APPROVAL OF THE CITY/DEVELOPER AGREEMENT WITH BROUGHTON LIMITED PARTNERSHIP FOR THE BROUGHTON ADDITION WHEREAS, Broughton Limited Partnership is developing 82 residential lots at Broughton Addition, Colleyville; and WHEREAS, The Owner/Developer will construct one-half of Wyatt Drive (eastern half), terminating at Reynolds Drive, in lieu of escrowing Perimeter Street fees for Wyatt Drive and Sanders Lane. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City/Developer Agreement for the Broughton Development, hereby attached as Exhibit "A", is approved. NO IT IS SO RESOLVED. PASSED BY A VOTE OF .fI AYES, 0 NAYS, AND D ABSTENTIONS ON HIS THE /~ DAY OF ({/ ~ 2002. 40~~~ Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE: i~Uo 0{Jf-..~ D nna Arp Mayor EXHIBIT" A" CITY OF COLLEYVD...LE CITY - DEVELOPER AGREEMENT BROUGHTON ADDITION STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Broughton Limited Partnership, organized under the laws of the State of Texas, hereinafter called "Owner/Developer", and the City of Colleyville, Tarrant County, Texas, hereinafter called "City", enter into the following agreement (''The Agreement"). In consideration of the mutual covenants herein contained and for developing lots in Broughton, an Addition to the City of Colleyville, as filed of record in Cabinet ---.J Slide Number_of the Plat Records of Tarrant County, Texas, the parties hereto do agree: 1. Prior to the issuance of a certificate of occupancy for each individual lot, the lot owner within adjacent public rights-of-way that meets or exceeds the specifications of City ordinances regulating sidewalk construction shall construct a public sidewalk. However, if there is a sidewalk easement on the lot shown on the final plat of Broughton then said sidewalk shall be constructed within said sidewalk easement. 2. Builders on lots adjacent to the open space that parallels Broughton Drive shall construct five foot (5) wide sidewalks in an easement area within that open space which begins ten feet (10) from the back of curb of Broughton Drive. Builders that have lots at the ends of greens and courts are obligated to build five foot (5) sidewalks across the front of their lots and to a midpoint in the curve of the right-of-way in an easement area, which begins ten feet (10) from the back of the curb of each of those streets. All sidewalks shall be constructed before issuance of the certificate of occupancy (Exhibit A). 3. The Owner/Developer agrees to provide an approved automatic opening device (opticom) or other acceptable device as approved by the Fire Department at the emergency access entrance. 4. There are no credits against the sanitary sewer impact fee, which is $128.00 per lot for a 1- inch meter (fee dependent on meter size). 5. There are no credits against the water impact fee, which is $1,790.00 per lot for a I-inch meter (fee dependent on meter size). 6. There are no credits against the roadway impact fee, which is $981.00 per lot for single family uses. 7. If for any reason the ownership of the property should change prior to the acceptance by the City of the water, sewer, storm drainage and paving improvements in Broughton Addition, it is agreed that these conditions will pass from this OwnerlDeveloper to the next owner and the City will require proper signatures of the new Owners agreeing to the terms of this Agreement. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which shall be deemed an original on this -1- day of Oc-fobu- , 2002. Ovv.NER/DEVELOPER CITY OF COLLEYVILLE Broughton Limited Partnership By: The David Bagwell Company Its General PFer By: CITY COUNCIL APPROVED OCT 1 2002