R-3549-2-18RESOLUTION NO. 3549-2-18(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING PARTIAL RELEASE OF DECLARATION OF AGE
RESTRICTIONS FOR THE ASPENS AT TWIN CREEKS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 2.E. of Ordinance No. 2843-6-09 ("the Ordinance") requires the execution of a deed
restriction with respect to the 22.036 acres described in the Ordinance limiting said property to residential use
by persons 55 years of age or older consistent with the Federal Fair Housing Act and other applicable law; and,
WHEREAS, that certain Declaration of Age Restriction, (`the Original Declaration") dated and effective lune
2, 2009, and recorded as Instrument No. 20090708000855780 in the Official Public Records of Collin County,
Texas, was approved by the City Attorney and signed by the property owners in accordance with Section 2.E.
of the Ordinance; and,
WHEREAS, the Original Declaration, with the Consent of the City Council as set forth in Resolution No.
2906-4-10(R) was amended by that certain First Amendment to Declaration of Age Restrictions dated April 20,
2010 (the "First Amended Declaration;" together with the Original Declaration, being the "Declaration") filed
for record under Clerk's File No. 20100428000415010, Official Public Records of Collin County, Texas, to
provide that the property subject to the Decimation be occupied by people 62 years of age and older; and,
WHEREAS, the provisions of the Declaration prohibit any amendment or termination to the age restrictions
contained in the Declaration unless first approved by the City Council, which approval has been requested by
' the owner; and,
WHEREAS, the property subject to the Declaration has been replatted and an 11.00 acre portion sold to another
party ("the Phase H Property"), whose owner has requested to be released from the Declaration; and,
WHEREAS, Ordinance No. 3545-1-18 was enacted on January 9, 2018, setting forth the development and use
regulations of the Phase R Property, including a requirement to execute and record restrictive covenants
requiring occupancy of residential units by at least one person who is 55 years of age or older; and,
WHEREAS, the City Council of the City of Allen, Texas, finds that the releasing with respect to the Phase D
Property is consistent with the use and development restrictions required by Section 2.E. of the Ordinance and
not detrimental to the health, safety, or welfare of the citizens of the City of Allen, and will avoid confusion
and conflict with respect to the enforcement of Ordinance No. 3545-1-18; and,
WHEREAS, the City Council of the City of Allen, Texas, further finds it to be in the public interest to consent
to the proposed amendment to the Declaration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to consent to and sign on behalf of the City of Allen,
Texas, the Partial Termination to Declaration of Age Restrictions, regarding the property described as the Phase
II Property in Exhibit "A," attached hereto and incorporated herein by reference, the provisions of which partial
release shall be substantially as set forth in Exhibit "A," hereto.
' SECTION 2. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 13 Too DAY OF FEBRUARY 2018.
' APPROVED:
Stephen Te rell, MAYOR
ATTEST:
She ey B. TRMC, CftYSECRETARY
(KBL @5/I8 95491)
Resolution No. 3549-2-18(R), Page 2
\�\\11111
Resolution No. 3549-2-18(R), Page 2
' Exhibit "A" to Resolution No. 3549.2-18(R)
PARTIAL TERMINATION TO
DECLARATION OF AGE RESTRICTIONS
(AS TO PHASE II)
THIS PARTIAL TERMINATION TO DECLARATION OF AGE RESTRICTIONS
(this "Partial Termination") is executed by Bossy Boots Holdings, Ltd., a Texas limited
partnership ("BBH").
WHEREAS, BBH executed that certain Declaration of Age Restrictions dated lune 2,
2009 (the "Original Declaration'), filed for record under Clerk's File No. 20090708000855780,
Official Public Records of Collin County, Texas, pursuant to which certain age restrictions
were imposed on that certain real property located in the City of Allen (the "City"), Collin
County, Texas (the "Property"). (The Property, save and except Phase II as defined herein,
shall be referred to as the "Phase I Property"), and is legally described on Exhibit "A" attached
hereto;
WHEREAS, BBH conveyed 11.000 acres of the Property to Aspen B by Special
Warranty Deed dated July 8, 2009, filed for record under Clerk's File No. 20090708000855820,
Official Public Records of Collin County, Texas, which was subsequently conveyed back to
BBH by Special Warranty Deed dated May 22, 2012, and filed for record under Clerk's File
No. 20120522000600720, (the 11.000 acres of land shall be referred to as the "Phase 11
Property") and is legally described on Exhibit "B" attached hereto; and
WHEREAS, the Declaration was amended by that certain First Amendment to
' Declaration of Age Restrictions dated April 20, 2010 (the "Firs[ Amended Declaration;"
together with the Original Declaration, the "Declaration") filed for record under Clerk's File
No. 20100428000415010, Official Public Records of Collin County, Texas, pursuant to which
the age restrictions imposed by the Original Declaration were amended; and
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WHEREAS, BBH as the current owner of the Phase II Property desires to terminate the
Declaration, including, but not limited to, with respect to any age restrictions relating to the
Phase II Property, such that any age restrictions currently existing shall hereafter apply only to
the Phase I Property.
NOW, THEREFORE, for and in consideration of the foregoing premises and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, BBH agrees to terminate the Declaration with respect to the Phase II Property,
accompanied by the City's consent to such partial termination:
I The Declaration, including, but not limited to, any and all age restrictions, is
hereby terminated as it relates to the Phase II Property only. Any references contained in the
Declaration regarding the Property shall hereinafter refer solely to the Phase I Property as
defined herein.
The consent of the City to this Partial Termination is attached hereto.
Miscellaneous.
(a) Capitalized terms used in this Partial Termination which are not otherwise
defined herein shall have the same meaning as given in them in the Declaration.
Resolution No. 3549-2-18(R), Page 3
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(b) This Partial Termination may be executed in one or more counterparts, and all
such executed counterparts shall constitute one and the same agreement, binding upon the
parties hereto.
(c) This Partial Termination shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
[Signature page, City consent, and Exhibits to follow]
Resolution No. 3549-2-15(R), Page 4
' EXECUTED effective as of the i 4 day of r_ MU PRY, 2018.
BOSSY BOOTS HOLDINGS, LTD.,
a Texas limited partnership
C
By Bossy Boots Investments, Inc.,
a Texas corporation, its General Partner
By:
Name: vx1t1-1: ice_
Title: r t
STATEOFTEXAS §
COUNTY OF -Ca&el §
This instrument was acknowled ed before me 0n 12018,by
Cfff+2LE5 /y/Es 8 ✓�'CE Si DEN of Bossy Boots
Investments, Inc., a Texas corporation, the general partner of BOSSY BOOTS HOLDINGS,
LTD., a Texas limited pannership, on behalf of said limited partnership.
�c"x.-14-
MNCY M HOWE Notary Public in and for the State of Texas
My ConMaolon MM My coZ�9niss nexRRtrcz:
Jum 5, 2019 (e • S • / 7
ae
Resolution No. 3549-2-I8(R), Page 5
I
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CITY CONSENT TO PARTIAL TERMINATION
Pursuant to Section 3 of the Declaration, no amendment or termination of the Age
Restrictions shall be effective without the prior approval of a majority of the City Council of
the City, voting in a duly called meeting pursuant to the Texas Open Meetings Act, as amended.
The City of Allen, Texas hereby executes this Partial Termination for the sole purpose of
evidencing its consent to the terms and provisions of this Partial Termination and to confirm
that this Partial Termination was approved by the City Council of the City of Allen. Texas, in
accordance with Section 3 of the Declaration, pursuant to Resolution No?645 q -2-18
regularly scheduled meeting held on February 13, 2018. The consent to the Partial Termination
provided herein does not waive, and shall not he construed as waiving, the requirements of
Section 2.G. of City of Allen, Texas, Ordinance No. 3545-1-18, relating to the development
and use of Phase R Property.
Signed this wok
I — day of J 2018.
CITY OF ALLEN, TEXAS
By:
Peter H. Varg tty M ager
STATE OF TEXAS §
COUNTY OF COLLIN
This instrument was acknowledged before me on 4ft
i!�. 2018, by
Peter H. Vargas, City Manager of the CITY OF ALLEN a Texas home rule
Municipality, on
behalf of said municipality.
RCCtNZALEZ
NotaryPC. ublic
("
STATE OF92TEXAS0#1218416
my Cann. gy,Nov. 29 Mo
Notary Public, State of TexkJ
t
My commission expires: �J "�•>��%
Resolution No. 3549-2-18(R), Page 6
BEING an 11.036 acm tract of land situated in the Catherine Panama Survey, Abstract No. 711,
Collin County, Texas; said tract being part of Lot I, Block C, Bray Central One, an addition to
the City of Allen, Texas, according to the plot recorded in Cabinet G, Slide 120 of the Plat
Records of Collin County, Texas; pan of a Vacation Plat of Lots I. 2, 3 and 4, Block A and
Lots I and 2, Block B. Bray Central One, an addition to the City of Allen, Texas, according to
the plat recorded in Cabinet K Slide 804 of said Plat Records; all of that certain portion of Bray
Central Drive abandoned by the plat of Bray Central Drive & Renton Drive, an addition to the
City of Allen, Texas, recorded in Cabinet N, Slide 110 of said Plat Records and part of that
certain tract of land described as Tract 11 in Special Warranty Deed to Bossy Boots Holdings,
Ltd. recorded in Volume 5398, page 6447 of the Deed Records of Collin County, Texas; said
11.036 acre tract being more particularly described as follows:
COMMENCING, at a point (nothing found or set) at the intersection of the northwest
right -of -my lint of Watters Road (a 110.foot wide right -of -my) and the twnhust right-of-way
line of Bray Central Drive (a variable width right-of-way, 110 feet wide at this point), said point
being the southemmost comer of mid Tract I I;
THENCE, along the said northeast line of Bray Central Drive and the southwest line of mid
Tract 11, the following five (5) calls:
' Norah 50 degrees, 41 minutes, 21 seconds West, a distance of 224.79 feet to a 3 -inch
ahmhimmm disk stamped "RPLS 5686' (in concmtc) found at an angle point;
North 55 degrees, 53 minutes, 01 seconds West, a distance of 11.38 feet to the POINT
OF BEGINNING (nothing found or set);
North 55 degrees, 53 minuses, 01 seconds West, a distance of 99.07 feet to a 3 -inch
aluminum disk stamped "RPLS 5686" (in concrete) found at an oagle point;
North 50 degrees, 41 minutes, 21 seconds West, a distance of 131.72 feet to a 519 -inch
iron rod with "CARTER & BURGESS" cap found at the beginning of a tangent curve to
the right;
In a twMwesterly direction, along said curve to the right, having a central angle of
19 degrees, 44 minutes, 57 seconds. a radius of 2,376.00 feet, a chord hearing and
distance of North 40 degrees, 48 minutes, 53 seconds West, 813.93 fec4 an arc distance
of 818.97 fm to a point for corner (nothing found or set); mid point being in the
approximate centerline of an un -named creek;
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EXHIBITA
Phase 1 Property
ANNEX A
PHASE
BEING an 11.036 acm tract of land situated in the Catherine Panama Survey, Abstract No. 711,
Collin County, Texas; said tract being part of Lot I, Block C, Bray Central One, an addition to
the City of Allen, Texas, according to the plot recorded in Cabinet G, Slide 120 of the Plat
Records of Collin County, Texas; pan of a Vacation Plat of Lots I. 2, 3 and 4, Block A and
Lots I and 2, Block B. Bray Central One, an addition to the City of Allen, Texas, according to
the plat recorded in Cabinet K Slide 804 of said Plat Records; all of that certain portion of Bray
Central Drive abandoned by the plat of Bray Central Drive & Renton Drive, an addition to the
City of Allen, Texas, recorded in Cabinet N, Slide 110 of said Plat Records and part of that
certain tract of land described as Tract 11 in Special Warranty Deed to Bossy Boots Holdings,
Ltd. recorded in Volume 5398, page 6447 of the Deed Records of Collin County, Texas; said
11.036 acre tract being more particularly described as follows:
COMMENCING, at a point (nothing found or set) at the intersection of the northwest
right -of -my lint of Watters Road (a 110.foot wide right -of -my) and the twnhust right-of-way
line of Bray Central Drive (a variable width right-of-way, 110 feet wide at this point), said point
being the southemmost comer of mid Tract I I;
THENCE, along the said northeast line of Bray Central Drive and the southwest line of mid
Tract 11, the following five (5) calls:
' Norah 50 degrees, 41 minutes, 21 seconds West, a distance of 224.79 feet to a 3 -inch
ahmhimmm disk stamped "RPLS 5686' (in concmtc) found at an angle point;
North 55 degrees, 53 minutes, 01 seconds West, a distance of 11.38 feet to the POINT
OF BEGINNING (nothing found or set);
North 55 degrees, 53 minuses, 01 seconds West, a distance of 99.07 feet to a 3 -inch
aluminum disk stamped "RPLS 5686" (in concrete) found at an oagle point;
North 50 degrees, 41 minutes, 21 seconds West, a distance of 131.72 feet to a 519 -inch
iron rod with "CARTER & BURGESS" cap found at the beginning of a tangent curve to
the right;
In a twMwesterly direction, along said curve to the right, having a central angle of
19 degrees, 44 minutes, 57 seconds. a radius of 2,376.00 feet, a chord hearing and
distance of North 40 degrees, 48 minutes, 53 seconds West, 813.93 fec4 an arc distance
of 818.97 fm to a point for corner (nothing found or set); mid point being in the
approximate centerline of an un -named creek;
C
BEGINNING, at a point for comer (nothing found or set) at the intersection of the northwest
right-of-way fine of Wartem Road (a I10 -foot wide rigbtof sy) and the northeast right-of-way
line of Bray Central Dim (a variable width rightof-way, 110 fat wide ut this pointh mid point
being the scuthemmop comer of mid Tract 11;
THENCE, along the mid northeast line of Bray Central Drive said the southwest Bee of said
Tract 11, the following two (2) cab:
North 50 degrees, 41 nslmas, 21 second$ West • distance, of 274.79 feet to a 3 -inch
dominate disk stomped "RPLS 5686' (in concrete) found at an angle point;
Nordin 55 degrees, 53 minutes, 01 seconds West a distance of 11.38 feet to a POW for
comer (nothing found or set);
THENCE, North 39 degrees, 18 tronas, 43 seconds East, departing the mid northeast line of
Bray Commd IM, and Ne mid soulhwest line o!Tract 11, a distance of 200.00 fee' to a point
for comer (nothing found or set);
THENCE, North 00 degrees, I b minutes, 56 seconds Wert, a distance of 714.03 feet to o point
for corner (nothing fount or ad) in the north line of mid Iot I;
THENCE, North 89 degrees, 41 minutes, 04 seconds East slang the said north line of Lot 1, a
distance of 732.00 feet to e IR -inch iron rod with "NELSON CORP" cap found for comer in the
west line of said Wetter Road and the amt line of said Tract 11, said point being the northnst
coma of said La I;
THENCE, along the said west and northwest line of Walter Road, the mid east line of Tract 11
and the southeast It= of mid Tract 11, the following three (3) cells:
South 00 degree. 41 mouses, 17 seconds Fast a distance of 0.36 feet to a point (nothing
found or see) o the beginning of a tangent curve to the right;
11
EXHIBIT B
Phase II Property
PHASE B
BEING an 11.000 sae tract of land situated in the Catherine Parona Survey, Abstract No. 711,
Collin Country. Texar, said tract being part of Lot 1, Block C. Bray Central One, an addition to
the City of Allen, Texas, according to the plot recorded in Cabinet G, Slide 120 of the Plot
Records of Collin County, Texas, and part of slat certain tract of Wind described as Tract 11 in
Special Warranty Deed to Bossy Boob Holdings, LUL, recorded in Volume 5398, pogo 6487 of
the Dad Records of Collin Conray, Texas; said 11.000 acre tract being room particularly
described n follows:
BEGINNING, at a point for comer (nothing found or set) at the intersection of the northwest
right-of-way fine of Wartem Road (a I10 -foot wide rigbtof sy) and the northeast right-of-way
line of Bray Central Dim (a variable width rightof-way, 110 fat wide ut this pointh mid point
being the scuthemmop comer of mid Tract 11;
THENCE, along the mid northeast line of Bray Central Drive said the southwest Bee of said
Tract 11, the following two (2) cab:
North 50 degrees, 41 nslmas, 21 second$ West • distance, of 274.79 feet to a 3 -inch
dominate disk stomped "RPLS 5686' (in concrete) found at an angle point;
Nordin 55 degrees, 53 minutes, 01 seconds West a distance of 11.38 feet to a POW for
comer (nothing found or set);
THENCE, North 39 degrees, 18 tronas, 43 seconds East, departing the mid northeast line of
Bray Commd IM, and Ne mid soulhwest line o!Tract 11, a distance of 200.00 fee' to a point
for comer (nothing found or set);
THENCE, North 00 degrees, I b minutes, 56 seconds Wert, a distance of 714.03 feet to o point
for corner (nothing fount or ad) in the north line of mid Iot I;
THENCE, North 89 degrees, 41 minutes, 04 seconds East slang the said north line of Lot 1, a
distance of 732.00 feet to e IR -inch iron rod with "NELSON CORP" cap found for comer in the
west line of said Wetter Road and the amt line of said Tract 11, said point being the northnst
coma of said La I;
THENCE, along the said west and northwest line of Walter Road, the mid east line of Tract 11
and the southeast It= of mid Tract 11, the following three (3) cells:
South 00 degree. 41 mouses, 17 seconds Fast a distance of 0.36 feet to a point (nothing
found or see) o the beginning of a tangent curve to the right;
11
n
In a southwesterly direction, along said curve to rite right, having a cental] angle of
40 degrees, 00 minutes, 00 seconds, o radius of 545.00 feet, a chord besting and distance
of South 19 degrees, 18 minutes, 43 seconds West, 372.80 fact. an arc disbnce of
380.48 keno a 1/2 -inch Iran rad found at the and of said curve;
South 39 degran, 18 minutes, 43 seconds West, a distance of 865.18 fat to the POINT
OFBEGINNING;
CONTAINING. 479.160 syua o fat or 11.000 mites of land, mare or less.
The finegaing tract has been platted/n platted m Lot IR Block C, Bray Central One, an addition
W the CSty of Alen. Texan, according to the plat recorded as Instrument No. 2011.156 in the Plat
Records of Cullin County, Texas.
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' CdIW C.a.., TEXAS
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