HomeMy WebLinkAboutOrdinance No. 21-019 Zoning Change on SMU CampusORDINANCE NO.21-019
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY
PARK,AS HERETOFORE AMENDED,BY GRANTING A CHANGE OF ZONING FOR
A 440,944 SQUARE FEET TRACT OF LAND BOUNDED BY AIRLINE ROAD,
UNIVERSITY BOULEVARD,DUBLIN STREET,AND MC FARLIN BOULEVARD IN
THE JOEL SYKES SURVEY,ABSTRACT NO.1338 IN THE CITY OF UNIVERSITY
PARK,DALLAS COUNTY,TEXAS,AND MORE PARTICULARLY DESCRIBED IN
EXHIBITS "A","B",AND "C",FOR UNIVERSITY CAMPUS-I,UNIVERSITY
CAMPUS-2,AND UNIVERSITY CAMPUS-3 DISTRICT USES RESPECTIVELY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING
A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)FOR EACH
OFFENSE;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Planning and Zoning Commission of the City of University Park and the
City Council of the City of University Park,in compliance with the laws of the State of Texas with
reference to the granting of zoning classifications and changes,have given the requisite notices by
publication and otherwise,and have held due hearings and afforded a full and fair hearing to all
property owners generally and to all persons interested and situated in the affected area and in the
vicinity thereof,and the City Council of the City of University Park is of the opinion and finds that
a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should
be amended;Now,Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK,TEXAS:
SECTION 1.The Comprehensive Zoning Ordinance and Map of the City of University
Park,Texas,as heretofore amended,are hereby amended by granting University Campus-(UC-I)
zoning district uses for the property described and depicted in Exhibit "A",University Campus-2
(UC-2)zoning district uses for the property described and depicted in Exhibit "B",and University
Campus-3 zoning district uses for the property described and depicted in Exhibit "C",all of said
Exhibits being attached hereto and made a part hereof for all purposes,the same as if fully copied
herein.
SECTION 2.All ordinances of the City of University Park in conflict with the provisions
of this ordinance or the Comprehensive Zoning Ordinance and Map as amended hereby are hereby
repealed.
SECTION 3.Should any sentence,paragraph,subdivision,clause,phrase,or section of
this ordinance be adjudged or held to be unconstitutional,illegal,or invalid,the same shall not
affect the validity of this ordinance or any part or provision hereof other than the part decided to
be invalid,illegal,or unconstitutional,and the same shall not affect the validity of the
Comprehensive Zoning Ordinance and Map.
SECTION 4.That any person,firm or corporation violating any of the provisions or terms
of this ordinance or of the Comprehensive Zoning Ordinance,as amended hereby,shall be subject
to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of
University Park,Texas,as heretofore amended,and upon conviction shall be punished by a fine
not to exceed the sum of two thousand dollars ($2,000,00)for each offense,and each and every
day such a violation is continued shall be deemed to constitute a separate offense.
SECTION 5.This ordinance shall take effect immediately from and after its passage and
the publication of the caption,as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park,Texas,on the 15th day
of June 2021.
APPROVED:
TOMMY STEWART,MAYOR
ATTEST:
CHRISTINE GREEN,CITY SECRETARY
,
CITY ATTORNEY (RLD/06-15-211123080)
EXHIBIT"A"
ZONING EXHIBIT
SMU MOODY QUADRANGLE
JOEL SYKES SURVEY,ABSTRACT No.1338
CITY OF UNIVERSITY PARK,DALLAS COUNTY,TEXAS
Being a tract or parcel of land situated in the Joel Sykes Survey,Abstract No.1338,City of University
Park,Dallas County,Texas,being all of Lot lA,Block 5,University Court No.2,an addition to the
City of University Park,Dallas County,Texas according to the plat recorded in Instrument Number
201400028338,Official Public Records,Dallas County,Texas,being Lots 2-7,the west 22.33 feet of
Lot 8,Lots 21-22,&the west 23.17 feet of Lot 23,Block 2,University Court,an addition to the City
of University Park,Dallas County,Texas according to the plat recorded in Volume 4,Page 303,Plat
Records,Dallas County,Texas,being Lot 6-7,the west 23.33 feet of Lot 8,Lots 21-22,&the west
24.17 feet of Lot 23,Block 5 of said University Court,being portions of Airline Road,University
Boulevard,Dublin Street,and McFarlin Boulevard,and being more particularly described as follows:
BEGINNING at the intersection of the centerline of Airline Road (50'right-of-way)and McFarlin
Boulevard (variable width right-of-way,73'at this point);
THENCE North 000 35'14"West,along the centerline of said Airline Road,a distance of 497.22 feet
to a point for corner;
THENCE North 890 01'21"East,departing the centerline of said Airline Road,passing at a distance
of25.00 feet the northwest corner of said Lot lA,Block 5 and the southwest corner of Lot 1,Block 2,
of said University Court,continuing along the common line between said Lot 1A and said Lot I for a
total distance of 80.44 feet to the southeast corner of said Lot 1 and the southwest corner of Lot 2,Block
2 of said University Court;
THENCE North 000 24'28"West,along the common line between said Lot I and said Lot 2,passing
at a distance of 130.00 feet the northeast corner of said Lot 1 and the northwest corner of said Lot 2,
and continuing for a total distance of 155.00 feet to the centerline of said University Boulevard (50'
right-of-way);
THENCE North 890 01'21"East,along the centerline of said University Boulevard,a distance of
322.24 feet to a point for corner;
THENCE South 000 35'14"East,passing at a distance of 25.00 feet a point on the north line of said
Block 2,continuing a distance of269.99 feet passing the south line of said Block 2,continuing a distance
of 50.00 feet passing the north line of said Block 5,continuing a distance of 270.31 feet passing the
south line of said Block 5,and continuing for a total distance of651.81 feet to a point in the centerline
of said McFarlin Boulevard;
THENCE South 880 57'55"West,along the centerline of said McFarlin Boulevard,a distance of
403.18 feet to the POINT OF BEGINNING,containing 250,361 square feet or 5.7475 acres,more or
less.
Basis of Bearings:City of University Park Geodetic Control System Monument No.17 and Azimuth
Marker.
Sheet 1 of7
27,512X
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~"l UN!VERSI TY COUR T No.2 "-INSTRUMENT NUMBER 20140.0028338 36.5'~
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DUBLIN STREET (50'RIGHT-o.F-WA Y)
(FEET)
200o
1 inch =100 ft.
RAYMOND L.GOODSON JR.,INC.
1200t N.CENTRAL EXPY,STE 300
DALLAS,TX.75243
214-739-8100
rlgrtbrlginc.com
TEXAS PE REG #F-493
TEPELS REG #100341-00
50
ZONING EXHIBIT
SMU MOODY QUADRANGLE
JOEL SYKES SURVEY,ABSTRACT NO.1338
CITY OF UNIVERSITY PARK,DALLAS COUNTY,TEXAS
SHEET 2 o.F 7
ZE-UC-l DWG NO..27,512X
,..=100'DA TE 4/16/2021SCALE
Jo.B NO.20 I3.055 E-FILE
EXHIBIT "B"
ZONING EXHIBIT
SMU MOODY QUADRANGLE
JOEL SYKES SURVEY,ABSTRACT No.1338
CITY OF UNIVERSITY PARK,DALLAS COUNTY,TEXAS
Being a tract or parcel of land situated in the Joel Sykes Survey,Abstract No.1338,City of University
Park,Dallas County,Texas,being a portion of Lot 23 and all of Lots 24-28,Block 2,University
Court,an addition to the City of University Park,Dallas County,Texas,according to the plat recorded
in Volume 4,Page 303,Plat Records,Dallas County,Texas,being a portion of Lot 8 and all of Lots 9-
15,a portion of Lot 23 and all of Lots 24-28,Block 5 of said University Court,being portions of
McFarlin Boulevard,and being more particularly described as follows:
COMMENCING at the intersection of the centerline of Airline Road (50'right-of-way)and McFarlin
Boulevard (variable width right-of-way,73'at this point);
THENCE North 88°57'55"West,along the centerline of said McFarlin Boulevard,a distance of
403.18 feet to the POINT OF BEGINNING;
THENCE North 00°35'14"West,departing the centerline of said McFarlin Boulevard,passing at a
distance of 36.5 feet the common line between said Block 5 and the north right-of-way line of said
McFarlin Boulevard,for a total distance of 496.81 feet to a point on the south line of Lot 8 of said Block
2;
THENCE North 89°01'21"East,along the south line of Lots 8-13 of said Block 2,a distance of277.26
feet to a point for southeast corner of Lot 13 and the southwest comer of Lot 14 of said Block 2;
THENCE South 00°IT 51"East,departing said south line,a distance of 496.56 feet to a point in the
centerline of said McFarlin Boulevard;
THENCE South 88°57'55"West,along the centerline of said McFarlin Boulevard,a distance of
274.76 feet to the POINT OF BEGINNING,containing 137,083 square feet or 3.1470 acres,more or
less.
Basis of Bearings:City of University Park Geodetic Control System Monument No.17 and Azimuth
Marker.
Sheet 3 of7
27,513X
I-J
~DUBLIN STREET (50'RICHT-OF-WA Y)
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AIRLINE ROAD (50'RICHT-OF-WA Y)-.~~I050100200
(FEET)ZONING EXHIBIT
SMU MOODY QUADRANGLE1inch=100 ft.
RAYMOND L.GOODSON JR.,INC.JOEL SYKES SURVEY,ABSTRACT NO.1338
12001 N.CENTRAL EXPY,STE 300 CITY OF UNIVERSITY PARK,DALLAS COUNTY,TEXASDALLAS,TX.75243
214-739-8100 SCALE I"=100'DATE 4/16/2021 SHEET 4 OF 7TLg(/}rlginc.com
TEXAS PE REG #F-493 JOB No.1 2013.055 E-FiLE I ZE:-UC-2 DWC No.1 27,513XTEPELSREG#100341-00
EXHIBIT "C"
ZONING EXHIBIT
SMU MOODY QUADRANGLE
JOEL SYKES SURVEY,ABSTRACT No.1338
CITY OF UNIVERSITY PARK,DALLAS COUNTY,TEXAS
Being a tract or parcel ofland situated in the Joel Sykes Survey,Abstract No.1338,City of University
Park,Dallas County,Texas,being all of Lots 29 &30,Block 2,University Court,an addition to the
City of University Park,Dallas County,Texas according to the plat recorded in Volume 4,Page 303,
Plat Records,Dallas County,Texas,being all of Lots 14,15,29 &30,Block 5 of said University
Court,being portions of McFarlin Boulevard and Dublin Street,and being more particularly described
as follows:
COMMENCING at the intersection of the centerline of Airline Road (50'right-of-way)and McFarlin
Boulevard (variable width right-of-way,73'at this point);
THENCE North 88°57'55"West,along the centerline of said McFarlin Boulevard,a distance of
677.93 feet to the POINT OF BEGINNING;
THENCE North 00°IT 51"West,departing the centerline of said McFarlin Boulevard,passing at a
distance of 36.5 feet the common line between said Block 5 and the north right-of-way line of said
McFarlin Boulevard,for a total distance of 496.56 feet to a point for the southwest comer of Lot 14 of
said Block 2;
THENCE North 89°01'22"East,along the south line of Lots 14 &15 of said Block 2,passing at a
distance of 103.00 feet the east line of said Block 2 and the west right-of-way line of Dublin Street (50'
right-of-way),for a total distance of 128.00 feet to a point at the centerline of Dublin Street;
THENCE South 00°24'28"East,along the centerline of said Dublin Street,a distance of 507.92 feet
to point at the intersection of the centerline of said Dublin Street and the centerline of said McFarlin
Boulevard;
THENCE,along the centerline of said McFarlin Boulevard,the following bearings and distances;
South 88°57'55"West,a distance of 106.46 feet to a point for comer;
North 00°35'51"West,a distance of 11.50 feet to a point for corner;
South 88°51'55"West,a distance of 22.46 feet to the POINT OF BEGINNING,containing
65,009 square feet or 1.4924 acres,more or less.
Basis of Bearings:City of University Park Geodetic Control System Monument No.17 and Azimuth
Marker.
Sheet 5 of7
27,513X
_j 500"24 '28 "E 507.92't
~.t~b,C)~-.~~~-~
DUBLIN STREET (50'R/GHT-OF-WA Y)~,
ZONING 'EXHIBIT ~~~~
65,009 SQUARE FEET ~~
f----1.4924 ACRES -~-~
~II ~36.51\(t)
ZONING EXHIBIT
SMU MOODY QUADRANGLE
JOEL SYKES SURVEY,ABSTRACT NO.1338
CITY OF UNIVERSITY PARK,DALLAS COUNTY,TEXAS
(FEET)
1 inch =100 ft.
RAYMOND L.GOODSON JR.,INC.
12001 N.CENTRAL EXPY,STE 300
DALLAS.TX.75243
214-739-8100
rlg@rlginc.com
TEXAS PE REG #F-493
TBPELS REG #100341-00
I"=100'DATE 4/16/2021SCALE SHEET 6 OF 7
JOB No.1 2013.055 E-FiLE I ZE-UC-3 Dwe No.1 27,513X
ORDINANCE NO.21-019
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY
PARK,AS HERETOFORE AMENDED,BY GRANTING A CHANGE OF ZONING FOR
A 440,944 SQUARE FEET TRACT OF LAND BOUNDED BY AIRLINE ROAD,
UNIVERSITY BOULEVARD,DUBLIN STREET,AND MC FARLIN BOULEVARD IN
THE JOEL SYKES SURVEY,ABSTRACT NO.1338 IN THE CITY OF UNIVERSITY
PARK,DALLAS COUNTY,TEXAS,AND MORE PARTICULARLY DESCRIBED IN
EXHIBITS "A","B",AND "C",FOR UNIVERSITY CAMPUS-I,UNIVERSITY
CAMPUS-2,AND UNIVERSITY CAMPUS-3 DISTRICT USES RESPECTIVELY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING
A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)FOR EACH
OFFENSE;AND PROVIDING AN EFFECTIVE DATE.
Duly passed by the City Council of the City of University Park,Texas,on the 15th day of June
2021.
APPROVED:
TOMMY STEWART,MAYOR
ATTEST:
CHRISTINE GREEN,CITY SECRETARY
Austin Charlotte Dallas Fort Worth Houston New York San Antonio The Woodlands
2728 N.Harwood Street
Suite 500
Dallas,Texas 75201
214.745.5400 OFFICE
214.745.5390 FAX
winstead.com
kgassaway@winstead.com 214.745.5138 DIRECT
July 7,2021
Via U.S.Mail
Ms.Christine Green
City Secretary
3800 University Boulevard
University Park,Texas 75205
Re:Declaration of Use Restriction regarding the SMU Moody Quadrangle
Dear Ms.Green:
Enclosed please find one (1)original and one (1)recorded Declaration of Use Restriction
executed by Southern Methodist University for the benefit of the City of University Park regarding
the SMU Moody Quadrangle.
.#J~
Katherine Gassaway
Enclosures
JUL 08 ZOll
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
AFTER RECORDING RETURN TO:
Katherine Lowe Gassaway,Esq.
Winstead PC
500 Winstead Building
2728 N.Harwood Street
Dallas,Texas 75201
DECLARATION OF USE RESTRICTION
THIS DECLARATION OF USE RESTRICTION (the "Agreement")effective as of June
3~2021 (the "Effective Date"),is by SOUTHERN METHODIST UNIVERSITY,a Texas
nonprofit corporation ("SMU"),whose address is 6425 Boaz Lane,Dallas,Texas 75205,for the
benefit of the CITY OF UNIVERSITY PARK,a Texas municipal corporation of Dallas County,
Texas ("City"),whose address is 3800 University Avenue,Dallas,Texas 75205.
RECIT ALS:
A.SMU is the owner of that certain parcel of real property described on Exhibit A to this
Agreement and by this reference made a part hereof (the "Burdened Property").
B.SMU will construct and use certain improvements on the Burdened Property,in
accordance with certain zoning regulations approved by the City.As a condition to its request that
the City Council adopt such zoning regulations for the Burdened Property,SMU has offered to
restrict the use of the Burdened Property in accordance with the terms and conditions contained
herein.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,SMU hereby agrees,covenants,and declares that the Burdened
Property,for the benefit of the City,will be owned,held,operated,mortgaged,conveyed,
encumbered,and transferred subject to and burdened by the following covenants and restrictions:
1.Restriction on Use of the Burdened Property.Following the Effective Date,subject to
Section 2 below,no portion of the Burdened Property may be used for the development or
operation of an above-grade multi-level parking structure (the "Use Restriction").For the
avoidance of doubt,the Use Restriction shall not prohibit any other use,including any other multi-
level use,of the Burdened Property.
2.Term;Termination of Use Restriction.Notwithstanding anything contained herein to
the contrary,the Use Restriction will remain in place and run with the land unless and until the
earlier of:(a)an agreement by SMU and the City to terminate the Use Restriction and the
execution,delivery and recording of a termination of this Agreement or (b)50 years after the
Effective Date of this Agreement (each being referred to in this Agreement as a "Termination
Event").Upon the occurrence of a Termination Event,the Use Restriction shall automatically
terminate.For the avoidance of doubt and except as expressly required in this Section 2,the
execution and/or recording of an instrument confirming the termination of the Use Restriction and
this Agreement is not a condition to the termination of the Use Restriction and this Agreement,
which will automatically terminate at the applicable time and date indicated in this Section 2,
without the necessity of recording a termination document.
3.Remedies for Default.If SMU or any other owner,tenant,subtenant,licensee or
occupant of all or any portion of the Burdened Property (a "Defaulting Party")violates the
covenants and agreements set forth herein,then the City and SMU,if SMU is not a Defaulting
Party (each,a "Non-Defaulting Party")may each,jointly or separately,have the right to prosecute
any proceedings for the right to restrain by injunction any violation or threatened violation of any
of the terms,covenants or conditions of this Agreement by any Defaulting Party;provided,
however,that such Non-Defaulting Party may not recover damages for any such violation or
default,including any speculative,consequential or punitive damages.All of the remedies
permitted or available to a Non-Defaulting Party under this Agreement or at law or in equity shall
be cumulative and not alternative,and invocation of any such right or remedy shall not constitute
a waiver or election of remedies with respect to any other permitted or available right or remedy.
4.Enforceability;Successors and Assigns;Amendment.Until the occurrence of a
Termination Event,the covenants,restrictions,and prohibitions contained herein are intended to
touch and concern the land and shall run with the land,and be binding upon,and inure to the
benefit of,the current and future owners of any portion of the Burdened Property,their successors
and assigns,in accordance with the terms of the Agreement.This Agreement shall be governed
by the laws of the State of Texas and shall not be amended or modified unless by an instrument in
writing executed by all of the owners and encumbrancers,at the time of the amendment or
modification.
5.Attorneys'Fees.If SMU or the City shall be required to employ an attorney to enforce
or defend the rights of such party hereunder,the prevailing party shall be entitled to recover its
reasonable attorneys'fees.
6.Invalid Provisions.Invalidation of any of the provisions contained in this Agreement,
or of the application thereof to any person by judgment or court order shall in no way affect any
of the other provisions hereof or the application thereof to any other person and the same shall
remain in full force and effect.
[remainder of page intentionally left blank.]
2
IN WITNESS WHEREOF the undersigned has executed this Agreement to be effective as of the
date first written above.
SMU:
SOUTHERN METHODIST UNIVERSITY,
a Texas nonprofit corporation
~~e:&i21t-~
Title:President
THE STATE OF TEXAS §
§
§COUNTY OF DALLAS
This instrument was acknowledged before me on June 30,2021,by R.Gerald Turner,
President of SOUTHERN METHODIST UNIVERSITY,a Texas nonprofit corporation,on behalf
of said nonprofit corporation.
Given under my hand and seal of office this Mday of June,2021.
\\111",~~"'~.~f.tl~~ALYSSA MOONEY
~~(~':~~Notary Public.State of Texes
-::.~'.,~.""'::C E'1~:;;""~+"'iomm.xplres 2-24-2021
~IIIRiII\\'Notary ID 12812226-2
[signatures continue on next page]
3
EXHIBIT A
TO AGREEMENT
LEGAL DESCRIPTION OF BURDENED PROPERTY
SMU MOODY QUADRANGLE
JOEL SYKES SURVEY,ABSTRACT NO.1338
CITY OF UNIVERSITY PARK,DALLAS COUNTY,TEXAS
Being a 205,250 square foot (4.7119 acre)tract of land situated in the Joel Sykes Survey,
Abstract No.1338,City of University Park,Dallas County,Texas,being the east 26.23 feet of Lot
23,Lots 24-28,the east 26.67 feet of Lot 8,and Lots 9-13,of Block 5,University Court,an
addition to the City of University Park,according to the plat recorded in Volume 4,Page 303,Map
Records,Dallas County,Texas,being the east 26.83 feet of Lot 23,Lots 24-28,and all of Lots 2-
13,Block 2,of said University Court addition,and being more particularly described as follows:
COMMENCING at the intersection ofthe north right-at-way line of McFarlin Boulevard (a variable
width right-of-way)and the east right-at-way line of Airline Road (a 50-foot right-of-way)for the
southwest corner at Lot 1A,Block 5,University Court No.2,an addition to the City of University
Park according to the plat recorded in Instrument Number 201400028338,Official Public
Records,Dallas County,Texas;
THENCE North 88°57'55"East,along the north right-of-way line of said McFarlin Boulevard,a
distance of 378.17 feet to the POINT OF BEGINNING;
THENCE North 00°35'14"West,passing the north line of said Block 5 at a distance of 270.31
feet,passing at a distance of 50.00 feet the south line of said Block 2 and continuing for a total
distance of 590.31 feet to a point on the south line of University Boulevard (a 50-foot right-of-
way),and the north line of Lot 8,of said Block 2;
THENCE North 89°01'21"East,along the common line between said University Boulevard and
said Block 2,a distance of 277.67 feet to a point for the northeast comer of Lot 13,of said Block
2·,
THENCE South 00°24'28"East,passing at a distance of 270.00 feet the south line of said Block
2,passing at a distance at 50.00 teet the north line of said Block 5 and continuing for a total
distance of 590.05 feet to a point on the north right-at-way line of said McFarlin Boulevard;
THENCE South 88°57'55"West,along the common line between said McFarlin Boulevard and
said Block 5,a distance of 275.83 feet to the POINT OF BEGINNING.containing 205,250 square
feet or 4..7119 acres of land,more or less
Exhibit A -Page 1
EXHIBIT
S},JU MOODY QUADRANGLE
JOt:L ,':ilXfs',,,',""'UfW 'Y ,4l:J,"ilR4Cl ~VO.1338
CITY OF T},rJVt'R.':iITl PABK lJA•.LLAS COUNTY.Tt'X4..':i
DUBU/',!ST.I?£ET (~D'PiG.HT-OF-,V'!'r)
(FEET)
1 ifl~=li_;C t
RAYMOND T-.GOODSON ,rR.INC.
IZOOI •.••.Ct:NTRA.}:,_\Pl~sn:.:300
/JiI.[Ll;.s,lX.75243
214-78fJ-8/00
1"1!!fl1'1g nc C07n
n'XAS P ,Jtl,'(;><f -493
1'BPELS REG-ftl00341-00
Exhibit A -Page 2
2021 -202100198729 0710612021 8:18AM Page 1 of 6
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
AFTER RECORDING RETURN TO:
Katherine Lowe Gassaway,Esq.
Winstead PC
500 Winstead Building
2728 N.Harwood Street
Dallas,Texas 75201
DECLARATION OF USE RESTRICTION
THIS DECLARATION OF USE RESTRICTION (the "Agreement")effective as of June
32!!;2021 (the "Effective Date"),is by SOUTHERN METHODIST UNIVERSITY,a Texas
nonprofit corporation ("SMU"),whose address is 6425 Boaz Lane,Dallas,Texas 75205,for the
benefit of the CITY OF UNIVERSITY PARK,a Texas municipal corporation of Dallas County,
Texas ("City"),whose address is 3800 University Avenue,Dallas,Texas 75205.
RECIT ALS:
A.SMU is the owner of that certain parcel of real property described on Exhibit A to this
Agreement and by this reference made a part hereof (the "Burdened Property").
B.SMU will construct and use certain improvements on the Burdened Property,in
accordance with certain zoning regulations approved by the City.As a condition to its request that
the City Council adopt such zoning regulations for the Burdened Property,SMU has offered to
restrict the use of the Burdened Property in accordance with the terms and conditions contained
herein.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,SMU hereby agrees,covenants,and declares that the Burdened
Property,for the benefit of the City,will be owned,held,operated,mortgaged,conveyed,
encumbered,and transferred subject to and burdened by the following covenants and restrictions:
1.Restriction on Use of the Burdened Property.Following the Effective Date,subject to
Section 2 below,no portion of the Burdened Property may be used for the development or
operation of an above-grade multi-level parking structure (the "Use Restriction").For the
avoidance of doubt,the Use Restriction shall not prohibit any other use,including any other multi-
level use,of the Burdened Property.
2021 -202100198729 07/0612021 8:18AM Page 2 of 6
2.Term;Termination of Use Restriction.Notwithstanding anything contained herein to
the contrary,the Use Restriction will remain in place and run with the land unless and until the
earlier of:(a)an agreement by SMU and the City to terminate the Use Restriction and the
execution,delivery and recording of a termination of this Agreement or (b)50 years after the
Effective Date of this Agreement (each being referred to in this Agreement as a "Termination
Event").Upon the occurrence of a Termination Event,the Use Restriction shall automatically
terminate.For the avoidance of doubt and except as expressly required in this Section 2,the
execution and/or recording of an instrument confirming the termination of the Use Restriction and
this Agreement is not a condition to the termination of the Use Restriction and this Agreement,
which will automatically terminate at the applicable time and date indicated in this Section 2,
without the necessity of recording a termination document.
3.Remedies for Default.If SMU or any other owner,tenant,subtenant,licensee or
occupant of all or any portion of the Burdened Property (a "Defaulting Party")violates the
covenants and agreements set forth herein,then the City and SMU,if SMU is not a Defaulting
Party (each,a "Non-Defaulting Party")may each,jointly or separately,have the right to prosecute
any proceedings for the right to restrain by injunction any violation or threatened violation of any
of the terms,covenants or conditions of this Agreement by any Defaulting Party;provided,
however,that such Non-Defaulting Party may not recover damages for any such violation or
default,including any speculative,consequential or punitive damages.All of the remedies
permitted or available to a Non-Defaulting Party under this Agreement or at law or in equity shall
be cumulative and not alternative,and invocation of any such right or remedy shall not constitute
a waiver or election of remedies with respect to any other permitted or available right or remedy.
4.Enforceability;Successors and Assigns;Amendment.Until the occurrence of a
Termination Event,the covenants,restrictions,and prohibitions contained herein are intended to
touch and concern the land and shall run with the land,and be binding upon,and inure to the
benefit of,the current and future owners of any portion of the Burdened Property,their successors
and assigns,in accordance with the terms of the Agreement.This Agreement shall be governed
by the laws of the State of Texas and shall not be amended or modified unless by an instrument in
writing executed by all of the owners and encumbrancers,at the time of the amendment or
modification.
5.Attorneys'Fees.IfSMU or the City shall be required to employ an attorney to enforce
or defend the rights of such party hereunder,the prevailing party shall be entitled to recover its
reasonable attorneys'fees.
6.Invalid Provisions.Invalidation of any of the provisions contained in this Agreement,
or of the application thereof to any person by judgment or court order shall in no way affect any
of the other provisions hereof or the application thereof to any other person and the same shall
remain in full force and effect.
[remainder of page intentionally left blank.]
2
2021 -202100198729 07/0612021 8:18AM Page 3 of 6
IN WITNESS WHEREOF the undersigned has executed this Agreement to be effective as of the
date first written above.
SMU:
SOUTHERN METHODIST UNIVERSITY,
a Texas nonprofit corporation
BY:~
Name:R:eraICf TUrner
Title:President
THE STATE OF TEXAS
COUNTY OF DALLAS
§
§
§
This instrument was acknowledged before me on June 30,2021,by R.Gerald Turner,
President of SOUTHERN METHODIST UNIVERSITY,a Texas nonprofit corporation,on behalf
of said nonprofit corporation.
Given under my hand and seal of office this 30 day of June,2021.
A"'~~%'<ALYSSA MOONEY ~
§f(~··~~Notary Public,State of Texas
?'~'..'~..::;g Comm.Expires 12·24·2021 Notary Pub',e of Texas~"'}'~""~T,""'IJ~:I\\'"Notary ID 12812226·2
[signatures continue on next page]
3
2021 -202100198729 0710612021 8:18AM Page 4 of 6
EXHffiITA
TO AGREEMENT
LEGAL DESCRIPTION OF BURDENED PROPERTY
SMU MOODY QUADRANGLE
JOEL SYKES SURVEY,ABSTRACT NO.1338
CITY OF UNIVERSITY PARK,DALLAS COUNTY,TEXAS
Being a 205,250 square foot (4_7119acre)tract of land situated in the Joel Sykes Survey,
Abstract No_1338,City of University Park,Dallas County,Texas,being the east 26.23 feet of Lot
23,Lots 24-28,the east 26_67 feet of Lot 8,and Lots 9-13,of Block 5,University Court,an
addition to the City of University Park,according to the plat recorded in Volume 4,Page 303,Map
Records,Dallas County,Texas,being the east 26_83feet of Lot 23,Lots 24-28,and all of Lots 2-
13,Block 2,of said University Court addition,and being more particularly described as follows:
COMMENCING at the intersection of the north right-of-way line of McFarlin Boulevard (a variable
width right-of-way)and the east right-of-way line of Airline Road (a 50-foot right-of-way)for the
southwest comer of Lot 1A,Block 5,University Court No_2,an addition to the City of University
Park,according to the plat recorded in Instrument Number 201400028338,Official Public
Records,Dallas County,Texas;
THENCE North 88°57'55»East,along the north right-at-way line of said McFarlin Boulevard,a
distance of 378_17feet to the POINT OF BEGINNING;
THENCE North 00°35'14"West,passing the north line of said Block 5 at a distance of 270_31
feet,passing at a distance of 50_00feet the south line of said Block 2 and continuing for a total
distan.ce of 590_31 feet to a point on the south line at University Boulevard (a 50-foot right-ot-
way),and the north line of Lot 8,of said Block 2;
THENCE North 89°01'21"East,along the common line between said University Boulevard and
said Block 2.a distance of 277_67feet to a point for the northeast comer of Lot 13,of said Block
2-,
THENCE South 00°24'28"East,passing at a distance of 270_00 feet the south line of said Block
2,passing at a distance of 50_00feet the north line of said Block 5 and continuing tor a total
distance at 590_05feet to a point on the north right-of-way line of said McFarlin Boulevard;
THENCE South 88°57'55"West,along the common line between said McFarlin Boulevard and
said Block 5,a distance of 275_83feet to the POINT OF BEGINNING,containing 205,250 square
feet or 4_7119 acres of land,more or less
Exhibit A -Page 1
2021 -202100198729 07f0612021 8:18AM Page 5 of 6
D(./8L//'/5 Tl?EET (5D',~;G:i..t'T-Q.~-vV.L}~J
I
H
-------~------'--
EXHIBIT
SMU J.lfOODY QUADRANGLE
JO/:"L SYKt-'S SU.f{V}:;I~.4BSl'K4CI"NO,1,;38
euy or U.lv]vi£R.'5In"PARK DALLAS COUiyrt~lE)(4S
(FEETj
i jp(;h =lOG ft.
RAJ-YOND T"GOOIJS01',rJR"INC.
12001 10-.CE..,1PdL J:.:'\Pl~5TH 300
/).4LL4S.IX.7S;N:J
21·'-7,~9-8100
rl!JtlTIgtnc_con~
l't:X.~SPC·'lIU;#'-493
TEPELS .REG-jt1003-11-00 '/'\"1 ",,',I,.'l/,.'\'~",.
{)./-iE 6/,18/2::':'21SCALi::SHElT 2 CF'.2
Exhibit A -Page 2
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