04-049 - R-t
TOWN OF PROSPER, TEXAS
RESOLUTION NO.04-49
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE
TOWN OF PROSPER, TEXAS, TO EXECUTE AN AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND DAN AND EFFIE
CHRISTIE REGARDING A NONCONFORMING BUILDING.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to
execute, on behalf of the Town Council of the Town of Prosper, Texas, an Agreement
between the Town of Prosper, Texas, and Dan and Effie Christie regarding a
nonconforming building, a copy of which is attached hereto as Exhibit "A" and
incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28th day of April, 2004.
arles er, M
ATTEST TO:
Shanae Jennin
Town-- Secretary
AFTER RECORDING RETURN TO:
Town Secretary
Town of Prosper
P. 0. Box 307
Prosper, Texas 75078-0307
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is entered into between Dan and Effie Christie
("Christie") and the Town of Prosper, Texas ("Prosper").
WHEREAS, Christie owns the property located at 601 North Preston Road, Prosper, GcAiln
County, Texas (the Property or the Christie Property); and
WHEREAS, on or about September 29,1997, Christie constructed a building on the Property
(the Building); and
WHEREAS, Christie is the owner of the Building; and
WHEREAS, on or about June 8,1999, Prosper adopted Ordinance No. 99-24 establishing a
new zoning classification in Prosper known as the Corridor District (the Ordinance). The term
Ordinance as used herein shall mean the Ordinance as it currently exists or may be amended; and
WHEREAS, the parties agree the Ordinance is valid; and
WHEREAS, on the effective date of the Ordinance, the Building and Property acquired a
nonconforming building status; and
WHEREAS, Christie desires to comply with the Ordinance as provided herein; and
WHEREAS, Prosper claims Christie failed to register the Building as a nonconforming use
with Prosper in accordance with the Ordinance; and
WHEREAS, on or about May 11,1999, Prosper adopted Ordinance No. 99-22, establishing
the 1994 Edition of the Uniform Fire Code with amendments and deletions as provided therein, Fire
Code of Prosper (the Fire Code Ordinance). The phrase Fire Code Ordinance as used herein shall
mean the Fire Code Ordinance as it currently exists or may be amended as the official Fire Code of
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Prosper: and
WHEREAS, the r_cties agree 'he F',e Code Ordinance is va'id; and
WHEREAS, on or about June,1999, Prosper claims Christie altered the Building by, among
other things, enlarging the existing office in the Building; and
WHEREAS, Prosper and Christie agree that a dispute exists with regard tq a number of
matters, including whether a nonconforming building status exists on the Building and whether
Christie is required to comply vviin the OrC it Dance and the F ire Code Ordinance; however, the. parties
desire to settle the controversy between them.
For and in consideration of the foregoing recitals and the promises recited hereafter, the
receipt and sufficiency of which is hereby acknowledged by all the parties, the following settlement is
hereby made and confirmed between the parties.
1. Parties Representations. Prosper and Christie represent and agree that:
a. Ordinance No. 99-24, which established new zoning regulations in Prosper
known as the Corridor Distrct. is valid.
b. The Christie Property is in the Corridor District.
C. At the time Ordinance No. 99-24 •Nas adopted, the Christie Building was a
valid nonconforming building.
d. Christie did not register the Christie Building with Prosper as a
nonconforming building by July 1.2000.
e. The Fire Code Ordinance is valid.
2. Land/Building Subiect to Agreement. TF.=_ land that is subject to this Agreement is
approximately 3.358 acres of land ;n Prosper and is more particularly described in
Exhibit "A° attached hereto and incorporated herein -or all purposes (the "Christie
Property"). Christie represerts that they are the sole owners of the Christie Property.
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Christie further represents that thPv are the sole owners of the Building situated on
the Christie Property, which is also the subject of this Agreement.
3. Nonconforming Building on Christie Property. Subject to Christie timely complying
with the terms and conditions of this Agreement and the ordinances of Prosper, the
Christie Building shall be a nonconforming building as defined in the Ordinance and
Fire Code.
4., Obligation of C� Lis . ( hristie shall complete the following obligations as depicter:'
in the attached Exhibit "B" by the date listed in parenthesis following each obligation:
a. Provide a concrete driveway with a width of 24-30 feet to extend from
Preston Road to the front parking area and provide a minimum of three
concrete parking spaces, each with a dimension of nine feet in width by 20
feet in depth, near the front of the building (to be completed by November 1,
2004). -
b. Provide a rear parking area containing a minimum of nine concrete parking
spaces, each with a dimension of nine feet in width by 20 feet in depth (to be
completed by November 1, 2004).
C. Relocate the trash dumpster near the rear of the building and construct a six-
foot tall board -on -board fence to enclose the trash dumpster on three sides
(to be completed by July 1, 2004).
d. Plant minimum five (5) gallon red -tipped photinias on five (5) foot centers
along the fences that enclose the outside storage (to be completed by July 1,
2004).
e. Plant a landscape bed containing shrubs and/or flowers on the south side of
the overhead door on the east side of the building (to be completed by July 1,
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f. hlainta i ail Landscaping ,sie-a aoove in a living and growing condition.
Before performing any of the abotie, Christie shall submit plans and specifications, if
applicable, and obtain Prosper's prior written approval of the same. All construction
and/or improvements undertaken pursuant to tl:is Agreement must receive Prosper's
approva;.
5. Default. Shou'd Chrsbe breach and1or =ail to comply with any term and/or condition
of this Agreement, this Agreement shall automatically and immediately, without
notice and/or any furher action of iPrscer, terminate, and Christie shall immediately
be required to comply with any and all crdinances of Prosper, whether now existing
or in the future arising, including but not limited to, the Ordinance and the Fire Code
,Ordinance.
6. Release/Waiver. Christie does hereby fully, completely and unconditionally release,
relinquish and discharge Presper. its council members, officers, agents,
representatives, emoloyees, servants. successors and assigns from any and all
claims, demands, dents, obligaticns, liaoilities. costs, expenses, controversies, liens,
encumbrances. actions and causes of action and deficiencies of any kind or
character whether known cr unkrown, suspected or unsuspected, whether in tort or
contract. whe-ner fixed. ccntinoa-rit or othervvise which arose from or relate in any
manner whatsoever to the ;acts allegec or that could have been alleged and claims
assertez or teat coed have bee -, asserted by Christie relating to the Building, the
Property and,or Chr.stie=s c!aim of a -onccnforming use on the Building and the
Property befc,,e the execLtion c: this agreement, including, but not limited to, the
SETTLEMENT AGREEMENT - Pie
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release of any right to claim a ncnconforming use attached to and/or existed on the
Building and/or Property, at any time (except as authorized by this Agreement), and
any other kind, character or nature of cause of action and/or damage which could,
may or might be the subject of a claim by Christie by reason of the facts surrounding
the Building and/or Property. Christie further agrees that in the event Christie fails to
comply with any of the terms and conditions of this Agreement, Christie waives and
disclaims any right to assert that the Property and/or Building was/were valid
nonconforming uses at any time.
7. Miscellaneous.
a. Compliance with Ordinances. Except as provided for in this Agreement, the
parties agree that Christie shall comply with all other Ordinances of Prosper, whether now existing or
in the future arising, including but not limited to, ordinances regulating the existence and termination
of a nonconforming use.
b. Entire Agreement. This Agreement contains the entire agreement of the
parties with respect to the matters contained herein and may not be modified or terminated except
upon the mutual written agreement of the parties hereto.
C. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
d. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever confessed.
e. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
f. Authority to Execute. The individuals executing this Agreement on behalf of
the respective parties below represent to each other and to others that all appropriate and
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necessary action has been taken to al Lhodze the individl.al who is executing this Agreement to do
so for and on behalf of the party for vrhich pis or her signature appears, that there are no other
parties or entities required to execute tfris Agreement in alder fcr the same to be an authorized and
binding agreement on the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization is valid
and effective on the date hereof.
g. Binding Effect. This ,4greer r einl s'r:ail be-.! Iindir:c upon and inure to the benefit
of the parties hereto and their respective ass;gnees, lessees, heirs, executors, administrators, legal
representatives and successors.
h. Savings/Sevembility. In case any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid. illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
i. Reoresentatiors. Each signatory epresents tIis Agreement has been read
by the party for which this Agreemeni is executec and Iat SLch party has had an opportunity to
confer with its counsel. The parties ackncriiedge they have been provided sufficient time and
opportunity to fully study the facts of this action, and trey have not relied in any way upon any
representations or statements made pertairing to the matters involved in this action by any of the
other parties, or by any oersor. attomeys or any other indiv"duals employed or retained by the
parties. Each party hereto acknowlecges tris Agreemert has ceen read and understood, and the
execution of the same is the free act of each suctr party.
Miscellaneous Draftira Prcvisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement shall be construed as a
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whole according to its fair meaning, and any presumption or principle that the language herein is to
be construed against any party shall not apply. Headings in this Agreement are for the convenience
of the parties and are not intended to be used in construing this document.
k. Sovereign Immunity. The parties agree that Prosper has not waived its
sovereign immunity by entering into and performing its obligations under this Agreement.
I. Effie Christie. When referring to Effie Christie, this Agreement shall refer to
and be binding upon Effie Christie, !ndividUally, and her i;ei"s, executors, administrators,
beneficiaries and assigns.
M. Dan Christie. When referring to Dan Christie, this Agreement'shall refer to
and be binding upon Dan Christie, individually, and his heirs, executors, administrators, beneficiaries
and assigns.
n. Christie. When referring to Christie, this Agreement shall refer to and be
binding upon Dan Christie and Effie Christie, individually, and their respective heirs, executors,
administrators, beneficiaries and assigns.
o. Town of Prosper, Texas. When referring to the Town of Prosper, this
Agreement shall refer to and be binding upon the Town of Prosper, Texas.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective on the latest date as reflected by the signatures below.
AN UtJ
Late: r<) t$
Dan Christie
—r
6 '�7
' Date: 515 kq
Effi ri .tie
The Town P Texas
B Date: C
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Its:
ACKNOW LEDG Ni=_NT
The aboVV�day
regoin t merit AgrEemer acknowledged before me by Dan
Christie on this of OOLI
No:ary Public in a for the
KATHY D. WEBSTER : tr_.c of --_- --_--
r: Notary Public, State of Texas
MY Commission Expires 05-D&098
My Commission Expires:
ACKNOWLEDGMENT
The abo Jego�l ement Agreemer€ ` ac nowledged before me by Effie
Christie on this day of 3, -00 )L
,euu
KATHY D. Neary P°.lb c in an for the
'• Notary Public, State of Texas Stete of
+, • +;= My Commission Expires 05 W_V
M\ Commissicn Expires:
ACK`Q'NL.ECGP,'ENT
The above and foregoing Se Bement Agreernert and :Release Was acknowledged before
me by �i ., the o r the Town of
Prosper on this day of .-26te{q
r
N :ary F,ablic !n and the
shame D. Jennings S ate of Texas
NM Commission E�lros
�* oaober3o,2007 M, Corr. nissicn Expires: �C7 p Ci
SETTLEMENT AGREEMENT - ?ase 8
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EXHIBIT A
SITUATED in the John R. Tunney Survey, Abstract Number 916,
in Collin County, Texas, and being a part of that certain 27.228
acre tract of land conveyed from R. K. Daniel, Trustee, to Dan D.
Christie by Warranty Deed dated March 20, 1981, and tecorded in
Volume 1365, Page 673, in the Deed Records of Collin County,
Texas, and -being more particularly described by metes and bounds
as follows
COIVIMENCI NG pit: an iron rod found for corner at the Southwe4.`,
corner of the hereinabove referenced 27.228 acre tract in the
North line of a 30 foot wide private road for which no record of
right of way or access easement could be found, and being also at
the Northwest corner of the Hickory Creek Addition, an unrecorded
addition, and said POINT OF COMMENCING also lying in the North
line of a 25.00 acre tract of land conveyed by F. W. Gilmer to
Dan Christie by Warranty Deed recorded in Volume 1002, Page 799,
in the Deed Records of Collin County, Texas; and,
THENCE NORTH 89 degrees 57 minutes 44 seconds East 974.32
feet along the South line of the herein above referenced 27.228
acre tract and along the North line of the hereinabove referenced
25.00 acre tract and along the North line of the 30 foot wide
private road to an iron rod set therein for corner at the POINT
OF BEGINNING for the tract described herein; and,
THENCE From the POINT OF BEGINNING north 89 degrees 57
minutes 44 seconds East 244.87 feet along the South line of the
herein above referenced 27.228 acre tract and along the North
line of the hereinabove referenced 25.00 acre tract and along the
North line of the 30 foot wide private road to an iron rod set
therein for corner lying in the west right of way line of U.S.
Highway #289; and,
THENCE NORTH 20 degrees 44 minutes 44 seconds East 323.50
feet along the West right of way line of U. S. Highway #289 and
along the East line of the hereinabove referenced 27.228 acre
tract to an iron rod set for corner therein; and,
THENCE NORTH 16 degrees 31 minutes 44 seconds East 150.89
feet along the West right of way line of U. S. Highway #289 and
along the East line of the hereinabove referenced 27.228 acre
tract to an iron rod set for corner therein at Southeast corner
of a 12.947 acre tract of lard conveyed from Dan Christie to L.
J. Bridgefarmer; and,
THENCE SOUTH 89 degrees 57 minutes 44 seconds West 401.51
feet upon and across the said 27.228 acre tract and along the
Bridgefarmer 12.947 acre tract to an iron rod found for corner
therein; and,
THENCE SOUTH 00 degrees 06 minutes 44 seconds West 447.08
feet upon and across the said 27.228 acre tract to the POINT OF
BEGINNING and containing 3.358 acres of land, more or less.
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EXHIBIT E
Site Layout &
Landscape Plal
_ LAW' INC.Sale: 1•-30'
FAD. 20e Chrlstle wa, atouse
al atitx76007 Chy of Prosp,r, Texas
2W476,6111
rll S. 2004