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COI'SMIS I C hl ait-Avam—S TEXAS \ Planning Department 761-7451 December 13, 1990 J.H. Biggar Co. Wichita Falls Museum & Art Center 8240 Mopac North 2 Eureka Plaza Suite 298 Wichita Falls, TX 76308 Austin, TX 78759 Dear Property Owners: Your final plat of Eureka Plaza, Lots 1-A & 2-A was approved at the December 12, 1990 Planning & Zoning Commission meeting subject to standard conditions (attached) and to the following specific conditions: 1) Show vol & page of right-of-way acquisition along Midwestern Parkway. Adjust lot boundary and field notes to reflect new lot dimensions. Show final right-of-way width of Midwestern Parkway. 2) Show vol & page of drainage easement acquired as part of the Midwestern Parkway widening project. 3) Dedicate a ten (10) ft. wide utility easement abutting Midwestern Parkway as required by Southwestern Bell Telephone Co. 4) Show flood plain and floodway boundaries. 5) Show boundary of Sikes Lake. 6) Show twenty-five (25) feet building limit line along all street sides. 7) Show adjacent property lying south of proposed Lot 2-A to be platted as Lot 2-A & 2-B, Blk ?, Midwestern Park Subdivision. Delete "Unplatted - Sikes Venture". 8) Show the survey boundary line between A-355 and A-619 surveys. 9) Show listed owner's name to match ownership as listed in the deed records. 10) Tie the eastern edge of the 15' wide drainage easement on Lot 2-A to a lot corner. NOTE: Preliminary draft FEMA maps show increased flood plain impacts on this property. 1300 71h Street P.O. Box 1431 8171761-7611 Wichita Falls, Texas 76307 If you have any questions on this matter, please contact our office or your consulting engineer. �Veeerrry_' truly yours, Subir Muk jee o me Develord p Coordinator bb Attachment cc: Biggs & Mathews, Inc. Public Works N STANDARD CONDITIONS OF APPROVAL FOR FINAL PLATS AND REPLATS 1. Provide utility easements as required by utility companies and Director of Public Utilities, and drainage easements as required by Director of Public Works. 2. Submit water and sewer plans to the Utilities Engineer; water plans to the Fire Marshal; and street, sidewalk and drainage plans to the Director of Public Works. Drainage plans must be complete enough to include impact on surrounding property. 3. Coordinate street lighting plan with Director of Traffic & Transportation, if underground electric utilities are to be provided. Note: Approval of a plat does not imply development of property in violation of the Zoning Ordinance. TUELECTRIC January 27, 1992 dy ms ung Per0Inc. ta r 0ttStT, Attn: Mr. Dick Bundy Dear Mr. Bundy, This letter is being written to confirm the fact that TU Electric is in the process of releasing a portion of the easement found in Volume 1191, Page 601, Deed Records of Wichita County, Texas. The portion being released is the most easterly 80 feet of the existing easement. I understand that this is also that portion of the easement strip upon which a building is to be located. This process will probably not be completed for at least two weeks as I mentioned in our telephone conversation on this date. Upon receipt of an approved document, I will send you a copy for your file. If we can be of any further assistance, please let us know. Sincerely, TU Electric By: B.A. McCullough / Right -of -Way Agent cc: Mr. Paul Stilson rn Bw MV vrwnn. Pdb, Tl 76307 07 766-3331 CERTIFICATE OF IMPROVEMENTS Addition or subdivision r-, 0 zr v,& PL-A-j-z\ L-oT i 4 PLANNING DEPARTMENT This plat conforms to the preliminary plat approved by the Planning & Zoning / Commission. V This is a replat approved by the Planning & Zoning Commission This is a replat which will be reviewed by the Planning & Zoning Commission 19 _. There are no delinquent taxes on this property. (Cit /School - computer file; County - Maudie Connally 766-8189) Plannin Zoning Co fission Se retary Date (forwa to City Engineer) v No street improvements are necessary. Street improvements are required. _ The improvements have been made. $ has been placed in an escrow account. _ A bond for $ has been posted and will expire ✓ No drainage improvements are necessary. Drainage improvements are required. _ The improvements have been made. $ has been placed in an escrow account. A bond for $ has been posted and will expire City Engineer Date (Forward to Director of Public Utilities) PUBLIC UTILITIES DEPARTMENT Served by existing public sewer. — -��a �D Served by existing public water. Septic tanks will be constructed. Approved by Health Dept. on sq. ft. lots are required. Public sewer lines to be constructed. _ The lines are installed. $ has been placed in an escrow account. _ A bond for $ has been posted and will expire Public water lines to be constructed. _ The lines are installed. $ has been placed in an escrow account. !� bond for $ has been posted and will expire Aftvactamwfff Public Utities Date Director of Public Works Date DEPARTMENT OF PUBLIC UTILITIES CITY OF WICHITA FALLS INTER -OFFICE MEMORANDUM DATE: January 21, 1992 TO: Memorandum for Record FROM: Richard R. Manahan, Utilities Engineer SUBJECT: Eureka Plaza, Lot 1A, Final Plat as Submitted for Approval 1. The City sewer is located about 150' northwest of the northwest corner of Lot 1A, across Midwestern Parkway. Also a City sewer exists on the south line of Lots 2,3,4, and 5. 2. There has always been some doubt of where Lot 1 has been served and there are some records of correspondence in the file on serving all of the subdivision. As a result of the letter of October 25, 1966 by Pardue, Read, & Dice, we believe the property was served by a line to the south. 3. By use of dye, we have determined that the private sewer line enters the City sewer at MH 6+50 (City sewer map sheet #155) located on the south line between lots 5 and 6. To our knowledge there has been no easement obtained for this private line, and is there at the owners risk. Richard R. Manahan Utilities Engineer RRM/gd cc: Hyde Park Acceptance Corp. Biggs & Mathews, Inc. Attachments: Copy of Pardue letter City sewer map sheet #155 r ;4 R n I) F 4 E A D & D I C E f, R C H I T E C T S & E N G I N E E R S pSr. . Carl Cattin c/o White's Stores Wichita Falls, Texas Dear Mr. Cattin: AI,4 1 9 0 1 T E N T H S T R E E T W ICH ITA F A L L S, TEXAS October 25, 1966 Re: Sanitary Sewer Eureka Plaza tie have investigated different avenues of providing a sanitary sewer connection to Eureka Plaza and it appears the best is to connect to a sanitary sewer presently installed on the Sikes property and located approximately 600 feet Southwest of the Eureka Plaza property. To serve the lots in Eureka Plaza, a sanitary sewer can be installed in the easement along the south side of the property and adjacent to Lots 3, 4, and 5. Lot 6 can be served by a future easement along the lest side of Lot 5. Lot 1 can be served by an easement along the common boundry of Lots 3 and 4 and under the streets and circle. According to information given to us, the flow line of the sewer in the manhole at the point of connection is 960.62. Using a 0.3 percent grade on 8" the pipe, the increase in flow line elevation at the Eureka Plaza property would be 1.8 feet and at the Museum property v ould be 3.4 feet. The increase in the flow line at the common boundry of Lots 3 and would be 2.88 feet. The incrcase in the flow ...nc ,r.- t'.:is point to Lot 1 weld be 1.2 feet. Applying the flow line increases to a contour plan, it appears the sanitary sewer would be beneath the natural Grade as follo.s: museum Pro^c.-tv - 2.98 feet Lot 1 - --dwg�& feet 2, SW Corner - 7.58 feet Since it appears all lots can be served by this sewer installation, the Museum and Art Center ask that you consider participation in the cost of the sewer installation. Please advise. DLR:jh R 0 E E R T E P A R D U E C� Very truly yours, PARDUE, READ & DICE Architects & Engineers By Don L. Read D 0 N L. R E A D M. H. D I C E iC40 YCOO ta BIGGS & MATHEWS, INC. Consulting Engineers Lone Star Gas Company Southwestern Bell Telephone Company T U Electric Data: January 3. 1992 Subdivision Name: Lot 1-A. Eureka Plaza Owner/Developer: Hyde Park Acceptance Corp. Engineer/Surveyor: Siocs & Mathews, Inc. Martin Litteken. Jr. This plat conforms with the requirements of the City of Wichita Falls Comprehensive Subdivision Ordinance and will be presented for review and approval by the Planning & Zoning Commission- This plat is being coordinated with the utility companies for utility easement requirements. Signature - Engineer/Surveyor The final plat of the above -named subdivision has been reviewed and any required utility easements have been provided for. Signature/Date Lone Star Gas Company Instructions: Signature/Dates. vSouthwestern Bell Telephone Signature/Date T U Electric Attached is a copy of the above -referenced plat. Please check it over carefully to determine if all easements for your company are provided for. If this plat meets with your approval, please sign and date the appropriate statement above and return a copy of this letter to our office so that we may proceed with the platting process as soon as possible. Thank you for your cooperation in this matter! OUR FAX NUMBER IS (817) 766-3383 2500 BROOK STREET- WICHITA FANS. TEXAS76301 . (817) 766-0156 PV".D w'':ao+GD BIGGS & MATHEWS, INC. Consulting Engineers Lone Star Gas Company Southwestern Bell Telephone Company T U Electric Date: January 8, 1992 Subdivision Name: Lot 1-A. Eureka Plaza Owner/Developer: Hyde Park Acceptance Corp. Engineer/Surveyor: Biggs & Mathews. Inc. Martin Litteken, Jr. This plat conforms with the requirements of the City of Wichita Falls Comprehensive Subdivision Ordinance and will be presented for review and approval by the Planning & Zoning Commission_ This plat is being coordinated with the utility companies for utility easement requirements. Signature - Engineer/Surveyor The final plat of the above -named subdivision has been reviewed and any required u ity easements have been provided for. 9- 9z Signature/Date one Star Gas Company Instructions: Signature/Date Southwestern Bell Telephone Signature/Date T U Electric Attached is a copy of the above -referenced plat. Please check it over carefully to determine if all easements for your company are provided for. If this plat meets with your approval, please sign and date the appropriate statement above and return a copy of this letter to our office so that we may proceed with the platting process as soon as possible. Thank you for your cooperation in this matter! OUR FAX NUMBER IS (817) 766-3383 2500 BROOK STREET- WICHITA FALLS, TEXAS76301 - (817) 766-0156 1 t BIGGS & MATHEWS, INC. -- _..---- Eng- ine- - - - - -- - - Consulh'ng ers Lone Star Gas Company 5'YZI Southwestern Bell Telephone Company / T U Electric Date: January 8, 1992 Subdivision Name: Lot 1-A, Eureka Plaza Owner/Developer: Hyde Park Acceptance Corp Engineer/Surveyor: Biggs & Mathews. Inc. Martin Litteken Jr This plat conforms with the requirements of the City of Wichita Falls Comprehensive Subdivision Ordinance and will be presented for review and approval by the Planning & Zoning Commission. This plat is being coordinated with the utility companies for utility easement requirements. Signature - Engineer/Surveyor The final plat of the above -named subdivision has been reviewed and any required utility easements have been provided for. Signature/Date Signature/Date Lone Star Gas Company Southwestern Bell Telephone Sig at r /Date T U Electric Instructions: Attached is a copy of the above -referenced plat. Please check it over carefully to determine if all easements for your company are provided for. If this plat meets with your approval, please sign and date the appropriate statement above and return a copy of this letter to our office so that we may proceed with the platting process as soon as possible. Thank you for your cooperation in this matter! OUR FAX NUMBER IS (817) 766-3383 95nn npnr)( CTPPPT. IABlRIITA CAI I C TPVA07COn4 - m.-,. �­ n.— January 5, 1979 Mr. Jim Thomas Eureka Life Insurance Company Box 5047 Wichita Falls, Texas 76307 Dear Jim: The City of Wichita falls accepted your contribution of dedicated land for a park as shown on the attached sketch and filed for record in Volume 1187, Page 524 of the Deed Records of Wichita County on November 3, 1975. This land was removed from the City's tax rolls as of that date and the City has maintained the site as a park. I hope this information meets your needs. If you require additional information, please contact me. Very truly yours, Stephen J. Ondrejas Director of Planning jv cc: Gerald G. Fox, City Manager Bill I{ursh, Director, Parks and Recreation H.P. Hodge, City Attorney Attachments: Extract, Eureka Plaza Plat Amended Dedication I 0 i Qo "ARCHER II2.85 �Ls e o G: n� I G w Q 19 M I o � O Z LOUIS; SIKES ---- — - I Ioa.a' 0 STREET-- 9.7 " fo NE Coe. iB9°26'E •830 74J.M.Ei 726.E LO 0 e N 1 I� a bra 7/ j o70 ( N 7 2 0 �, \ n CI RC LE boti, LOT 2 LOT 5 7('- ze 90°B6 90 100 L74 M1`o10 0 00. v h A C' �J / 9 v 0 'v N 60 Iv LOUIS S 1 K 0 � " 3 0 0 LOT 4 , LOT 3 �. N o N n h 190 17 0 2 00 22 6 N89026'W -785.0' LOUIS SlKES L'd Ala 3, 1975 i AMENDED DEDICATION WHEREAS, on December 4, 1964, Eureka Lifc Inr.,riance Company of America platted and dedicated Eureka Plaza, being lands out of the J. M. English Survey, Abstract No. 355, and the Day Land and Cattle Company Survey, Abstract No. 619, Wichita County, Texas, which plat appears of record in Volume 11 at Page 37 of the Plat Records of Wichita County, j Texas; and, r WHEREAS, said plat -was duly approved on January 28, 1965, by the Planning Board of the City of Wichita Falls and by the director of Public Works; and, WHEREAS, in said dedication of December 4, 1964, j the land was dedicated to include "Parks" but in the pre- paration of the plat thereof a park was omitted; and, WHEREAS, it was the intention of Eureka Life In- surance Company of America to dedicate the center tract of land, being 210 feet East and West by 70 feet North and South as a park but in the plat thereof, the word park was omitted from such tract as it exists in the center of the street known as Eureka Circle; and, WHEREAS, it is the desire of Eureka Life Insurance Company of America to amend such plat to effectuate the in- tent of such company in the dedication NOW, THEREFORE, Eureka Life Insurance Company of America, the owner of said land as duly platted in the above reflected Plat Records and the owner of the tract of land existing in the center of Eureka Circle does hereby amend such plat, effective as of December 4, 1964, to specifically dedicate, and said company does hereby dedicate, to the use of the public forever, that portion of land situate in the center of Eureka Circle being 210 feet East and [-lest and 70 feet North and South as a public park and public place. In addition hereto by this action herein taken, Eureka Life Insurance Company of America hereby ratifies and affirms the original plat. i • I ' ATTEST: EXECUTED THIS 2�t day of November, 1975. Sec etary STATE OF TEXAS X X COUNTY OF WICHITA X EUREKA LIFE INSURANCE COMPANY 0 AMLRICA I it ) Ji BY. W: RLE •1 E, Press ent BEFORE Imo, the undersigned authority, in and for said County, Texas, on this day personally appeared W. ERLE WHITE known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said EUREKA LIFE INSURANCE COMPANY OF AMERICA, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, .and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this V. day of November, 1975. NotarJ Public in and/tor Wichita County, Texas. My Commission expires June 1, 1977. - 2 - DEPARTMENT OF PLANNING CITY OF WICHITA FALLS INTER -OFFICE MEMORANDUM TO: Roger McKinney,Assistant Director of Planning DATE: January 9, 1979 FROM: Woodrow W. Brock, Senior Planner SUBJECT: Waiver of requirement that Each Lot Front on a Public Street in Eureka Plaza. By letter dated October 5, 1977, the April 15th Corporation requested the Planning Board to waive the requirement that each lot front on a public street as applied to Lot 4, Eureka Circle (copy attached). The Plats Committee, at their meeting of October 6, 1977, recommended that the waiver be denied. At their meeting on October 12, 1977, the Planning Board recommended that the waiver be granted (copy of Planning Board minutes attached). By memo dated October 26, 1977, the Planning Division recommended to the City Manager that the waiver be denied (copy attached). On November 1, 1977, the Board of Aldermen considered the request and passed Ordinance No. 3249 granting the waiver (copy attached). Section 2 of Ordinance No. 1248 limits the waiver to "... the proposed replat of a lot out of Lot 4, Eureka Plaza ..." and further provides that "...an access easement across the remainder of Tot 4 from Eureka Circle be obtained before final platting of said lot." Section 6, subparagraph (h), page 1485, Subdivision Ordinance, states approval of a preliminary plat is effective for only one year. While in the case at hand a formal plat was never submitted, the action of the Board of Aldermen was predicated upon the assumption that a plat was to be submitted. Therefore, in view of the fact that over 14 months has elapsed since the Council acted, the waiver would no longer appear to be valid. Woodrow W. Brock Senior Planner jv Attachments APRIL 15TH CORPORATION October 5, 1977 Planning Board City of Wichita Falls Municipal Auditorium Wichita Falls, Texas 76301 Re: Planned Unit Development on Lot 4 of Eurika Circle To the Planning Board: The undersigned corporation is the owner of Lot 4, Eurika Circle, located in Wichita Falls, Wichita County, Texas. At the present time we plan to sell 6500 feet out of the Southeast corner of said Lot 4 to a third party. There will be one totally contained building on said Lot 4 joined to the other buildings only by a walkway with overhanging roof. At the time of sale, we will grant a non-exclusive easement for vehicular and pedestrian traffic connecting said property with.Eurika Circle. Thus the owner of said tract will be granted access to a major thoroughfare. We hope that this meets with your approval and the approval of the plat committee. BRB/gs CC: Roger McKinney Acting Planning Director Municipal Auditorium Wichita Falls, Texas 76301 Very truly yours, April 15th Corporation B GI �� y : Bryan R. Baxter, President 3. Extract from the minutes of the Planning Board Meeting of October 12, 1977. Request by Kapelski & BaXter for waiver of Parasrapii L(4), Section 9, Ordinance 2118 requiring each lot to front on a 1public street Mr. Harper stated lie has in interest in this matter and asked to be excused from the discussion. Chairman Allen read a letter from the April 15th Corporation outlining a Planned Unit Development for Lot 4, Eurekka Circle. Gordon Beck, Acting Assistant Director of Planning, explained the Plats Committee recommendation for denial of the request as follows: The requirement of Lite Subdivi!;iun Ordinance that ench lot shall front on a public street is the kcy to Cite purpose of Lite. entire Subdivision Ordinance, that of providing orderly, safe, and heai.tliful development within the city. Street frontage for each lot ensures appropriate access for utility services, fire and police protection, and that devel- opment generally serves the best interests of the community. This waiver would set a precedent'for future requests Board members expressed approval of the proposed development as follows. Mr. Lam stated a subdivision ordinance could not be wiii:ten to cover every situation. He felt the character oi: the company involved indicated to him that there is a valid reason to request a waiver. l;uddv Iles felt the plan would provide maximum use of the property and agreed with Mr. Lam. Walt Berry stated he could see no reason why the request should not be approved. If this would set a precedent, then "maybe we need to". Spencer Crouch, attorney for the April l5th Corporation, provided Board members with copies of a sketch illustrating the proposed development plans. He explained the potential purchaser of the property is it podiatrist who favors this type development since his patients would not have to walk a great distance to.his office. Chairman Allen stated that "in view of where it is; this concept is very nice", provided the development continued as planned. Mr. Crouch noted the corpora- tion is now requesting a waiver only; the Planning Bo:,rd would have the oppor- tunity to review the plat when it is submitted. Mr. I;erry suggested that the three lots involved be platted at the same time, as "it would look better to the Planning Board". After further discussion, it was moved by Michael La;n that the Planning, Board recommend to the Board of Aldermen that a waiver be granted for Paragraph L(1); Section 9 of Ordinance 2118, requiring each lot to have an area of at least 7,200 sq. ft., and for Paragraph L(•,), Section 9 of ordinance 2118, requiring each lot to front on a public street. This motion tn:a seconded by Joe Mike Pistocco, and carried with one abst.,ntion from Mr. Lirper. DEPARTMENT OF PLANNING CITY OF WiCHITA FALLS INTER -OFFICE MEMORANDLIN1 TO: Gerald G. Fox, City Manager DATE: October 26, 1977 FROM: Roger McKinney, Acting Director of Planning SUBJECT: Request for Waiver in Eureka Plaza The owners of Lot 4 in Eureka Plaza Addition wish to plat a lot out of the rear of Lot 4. The remainder of Lot 4 will lie between the proposed lot and Eureka Circle. Since the proposed lot would not have the minimum lot area or front on a public street,.platting of the lot cannot be accomplished because such platting would be in violation of the Subdivision Regulations (Ordinance 2118). For this reason, the owners of the property have requested a waiver from the minimum lot size and frontage requirements. The waiver request was presented to the Planning Board on October 12, 1977. The voting members (one abstention) voted unanimously to recommend approval by the Board of Aldermen of an ordinance granting the waiver. An excerpt of the Minutes of the meeting is attached. However, there are two reasons why the Planning Division cannot support the waiver. First, the waiver could set a precedent for future requests. The Planning Division frequently receives requests from owners of residential lots that have minimum street frontage but are extra deep. These requests include locating mobile homes behind their residences. Section 30-2(d) of the Wichita Falls Code of Ordinances prohibits placing a mobile home on a lot where there is already an existing structure. As these lots do not have the one hundred twenty (120) feet street frontage required to plat two lots their requests have been denied even though their lot area exceeds the minimum area requirement for two- lots. The City has also received requests to plat lots which would only have access to an alley. In addition, the requirement for each lot to front on a public street is needed to ensure appropriate access for utility services, fire and police protection, and to provide orderly, safe, and healthful development within the city. For these reasons, the City should continue to require that each lot front on a public street. Passage of the attached ordinance is not recommended. Roger McKinney Acting Director of Planning bb Attachments �r�ls ORDINANCE NO. 3248 AN ORDINANCE WAIVING MINIMUM LOT SIZE. AND FRONTAGE REQUIREMENTS ON 740 CERTAIN PROPOSED LOTS IN THE EUREKA PLAZA ADDITION OF THE CITY OF WICHITA FALLS, TEXAS WHEREAS, the owners of Lot 4 Eureka Plaza have requested that minimum lot size and frontage requirements be waived on a proposed replat of two lots out of said lot; and i WHEREAS, the Planning Board of the City of Wichita Falls has recommended) to the Board of Aldermen that said waiver be granted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: j•, SECTION 1. Section 9(L)(1) of Ordinance 2118 requiring that each i residential lot shall have an area of at least seven thousand two hundred (7,200) square feet be waived for such proposed replat, and an area of six thousand four hundred (6,400) square feet is approved, as the proposed use is for commercial purposes; and SECTION 2. Section 9(L)(4) of Ordinance 2118 requiring that each lot shall front upon a public street be and is hereby waived for the proposed replat of a lot out of Lot 4 Eureka Plaza, which lot does not front on any public street, subject to the following condition: That an access easement across the remainder of Lot 4 from Eureka Circle be obtained before final platting of said lot. PASSED AND APPROVED THIS THE 1st day of November , 1977. MAY 01: j ATTEST: JjW a l',;Ied /Uou 3, 197s :i- /197 Ody e S -�-� AMENDED DEDICATION WHEREAS, on December 4, 1964, Eureka Life In,,kirance Company of America platted and dedicated Eureka Plaza, being lands out of the J. M. English Survey, Abstract No. 355, and the Day Land and Cattle Company Survey, Abstract No. 619, Wichita County, Texas, which plat appears of record in Volume 11 at Page 37 of the Plat Records of Wichita County, Texas; and, WHEREAS, said plat was duly approved on January 28, 1965, by the Planning Board of the City of Wichita Falls and by the director of Public Works; and, WHEREAS, in said dedication of December 4, 1964, the land was dedicated to include "Parks" but in the pre- paration of the plat thereof a park was omitted; and, WHEREAS, it was the intention of Eureka Life In- surance Company of America to dedicate the center tract of land, being 210 feet East and West by 70 feet North and South as a park but in the plat thereof, the word park was omitted from such tract as it exists in the center of the street known as Eureka Circle; and, WHEREAS, it is the desire of Eureka Life Insurance Company of America to amend such plat to effectuate the in- tent of such company in the dedication: NOW, THEREFORE, Eureka Life Insurance Company of America, the owner of said land as duly platted in the above reflected Plat Records and the owner of the tract of land existing in the center of Eureka Circle does hereby amend such plat, effective as of December 4, 1964, to specifically dedicate, and said company does hereby dedicate, to the use of the public forever, that portion of land situate in the center of Eureka Circle being 210 feet East and West and 70 feet North and South as a public park and public place. In addition hereto by this action herein taken, Eureka Life Insurance Company of America hereby ratifies and affirms the original plat. EXECUTED THIS /i/t. day of November, 1975. ti ATTEST: i Sec etary 76 STATE OF TEXAS X X COUNTY OF WICHITA X EUREKA LIFE INSURANCE COMPANY 0 AMERICA ByVeU si BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared W. ERLE WHITE known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said EUREKA LIFE INSURANCE COMPANY OF AMERICA, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this t ,;� day of November, 1975. Notary.Public in 8'nd for Wichita County, Texas. My Commission expires June 1, 1977 - 2 - APRIL 15TH CORPORATION October 5, 1977 Roger McKinney Acting Planning Director Municipal Auditorium Wichita Falls, Texas 76301 Re: Waiver of Subdivision Ordinance in regard to Lot 4, Eurika Circle Dear Roger: This letter is our request for a Waiver in regard to Lot 4 of Eurika Circle and the sale of 6500 feet out of the Southeast corner of Lot 4 without the necessity of replatting or complying with the Subdivision Ordinance. As you can tell from the attached letter, we plan to grant a non-exclusive easement to the owner of said 6500 feet out of the Southeast corner so that that person will have access to a major thoroughfare. I am sure you are well aware that the present Subdivision Ordinance does not contemplate what is commonly called "PLANNED -UNIT DEVELOPMENTS". Certainly, it would appear that this is a better use of the property than chopping up small lots out of a larger tract. Therefore, we do respectfully request a Waiver in regard to the same. Very truly yours, April 15th Corporation By: Bryan R. Baxter, President APRIL 15TH CORPORATION October 5, 1977 Planning Board City of Wichita Falls Municipal Auditorium Wichita Falls, Texas 76301 Re: Planned Unit Development on Lot 4 of Eurika Circle To the Planning Board: The undersigned corporation is the owner of Lot 4, Eurika Circle, located in Wichita Falls, Wichita County, Texas. At the present time we plan to sell 6500 feet out of the Southeast corner of said Lot 4 to a third party. There will be one totally contained building on said Lot 4 joined to the other buildings only by a walkway with overhanging roof. At the time of sale, we will grant a non-exclusive easement for vehicular and pedestrian traffic connecting said property with Eurika Circle. Thus the owner of said tract will be granted access to a major thoroughfare. We hope that this meets with your approval and the approval of the plat committee. BRB/gs CC: Roger McKinney Acting Planning Director Municipal Auditorium Wichita Falls, Texas 76301 fi6/710 12- 2,;� Very truly yours, April 15th Corporation By: jl JG G� G�� Bryan R. Baxter, President 0 0 ©. WHITE STORES, INC. u U H O M E O F F I C E A N D W A R E H O U S E- T E L E P H O N E 6 9 2- 3 4 1 0• WICHITA F A L L S, T E X A S CARL CATTIN CONSTRUCTION SUPERINTENDENT REAL ESTATE November 2, 1964 City Planning Board Wichita Falls, Texas Attention: Mr. LeRoy George Gentlemen: On August 13, we submitted to the Planning Board a preliminary plat for Eureka Life Insurance Company. This plat was approved, provided certain conditions could be met. We included, in a revised plat, all the items requested, with the exception that we could not receive, from the Sikes, the dedication of Benbury Drive. Although repeated attempts were made to secure this dedication, they were without suc- cess. On October 14, we resubmitted our plat, incorporating all items re- quested by the Planning Board, with a new entrance entering the pro- perty off of Archer Street. Due to other commitments, I was unable to attend this meeting; therefore, the plat was not represented and no action was taken. However, I have been informed that no action would have been taken, because of the relocation of the street. Since we have been unable to secure the dedication of Benbury Drive, we would like to resubmit this plat at your next regular meeting for your approval. Yours very truly,, WHITE STORES, INC. Carl Cattin CC:et CITY OF WICHITA PALLS Center of great 91atural.Aesoueces W[CHiT\, FALLS, TEXAS OFFICE OF DEPARTMENT OF PUBLIC WORKS 13, 1964 James R. Killebrew 1710 Dayton �4ichita Falls, Texas Dear Mr. Killebrew: At the regular meeting of the Planning Board held August 12p 1964 , the following action was taken concerning your preliminary plat of EU90SA LIFE INSURANCE COMPANY. Motion was made to approve this preliminary plat with the following comments: 1. The northeast corner of this tract be shown as part of Lot 1. 2. The right-of-way of Archer Street should be shown and provision for a fifteen (15) feet of additional R.O.W. should be dedicated for the future improvements on Archer Street. 3. The developer should provide an adequate drainage structure for the east side of this property and a drainage easement dedicated. 4. Consideration should be given to the extension of Sanitary O'ewer service to this area before allowing it to fully develop. 5. Dedication from Sikes for proposed Benbury Drive to coincide with the extent of street paving to be done at the present time. Motion was seconded and carried unanimously. This plat must be filed again with the Planning Board for final approval. Any re- vision required by the above action by the Board should be made on the final plat prior to submitting it for approval. The next meeting will be held Se ember 16P 1964 , and plats must be submitted by September 10. 1 if you wish this plat to be given final approval at this meeting. Your Engineer or Surveyor is familiar with the requirements of the final plat and he should be con- tacted as soon as possible so that he might have sufficient time to prepare the final plat. Please let me know if I can assist you further. Sincerely, J. R. Rickerson Acting City Planner DM- b ab #4 • vA (FINAL) ( � Plat of: PLAT RECORD EUREKA PLAZA DEVELOPER: Eureka Life Insurance Company W. Erle White, President ADDRESS: 2500 Archer Street PHONE: 692-5600 ENGINEER: �THIS 'PLAT ' WIILLL, B/EI REP SENTED BY: (Developer) (Engineer) (Other) ADDRESS: PHONE: CORRESPONDENCE DIRECTED TO: (Developer) (Engineer) 4>Mu* COMMENTS: This property is located North on Archer Street on Eureka Ci 14 A.9( WARBANTB Dr.FD—With Singlq Joint and Wile's Sepante D-1,'rn- nta `t,\I:'CIN Stet a.n Cn.. THE STAT1; OF MXAS,) Know All MenSy Tllese Presents: tdichi County oL.................i.t....a ............. That W3, LOUIS SIKES and wife, GLEN SIKES. of the County of Wichita State of Texas for and in consideration of the sum of - - Sixty -Six Thousand One Hundred Seventy and No/100 - - - - - - - - - - DOLLARS to us in hand paid by EUREKA LIFE LVSURVICE C01,3ANY OF AMERICA, a Corpora Cash in hand paid, the receipt of which is hereby acknowledged and confessed, and subject to the restrictive covenants hcreinaftcr expressed have Granted,', Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said ::ureka Life Insurance Company of America of the County of Wichita , State of Texas all that certain lot, tract or parcel of land lying and being situated in Wichita County, Texas, known and described as followst 13.234 ACRES OF LAND OUT OF THE J. Me EIIGLISH SURVEY ABST- 355 AND THE DAY IXID AND CATTLE COMPANY SURVEY, ABST. 619, AND DESCRIBED BY 116TFS AND BOUNDS AS FOLLOWS: Beginning at a point in the South line of Archer Street 2651.75 feet S 89 deg. 26 min E from where the same intersects the East Boundary line of the Right-of-way of the Wichita Falls and Southern Railroad (No•+r known as the Holly Team Track), being also S 89 deg. 26 min. E 112.85 feet and S 00 deg. 34 min. W 30.0 feet from the Northwest corner of the J. M. English Survey, A-355; Ti`,:�6 S 89 deg. 26 min. E with the South line of Archer Street 830.0 feet to an iron rod s,,t for the Northeast corner of this tract; TiL S 00 deg. 34 min. W 500.0 feet to an iron rod set for an angle corner of this tr::ct; THE::C6 S 13 deg. 15 min. W, at 182.8 feet cross the South line of the J. Me English Survey, A-355 and the North line of the Day Land and Cattle Company Survey A -6199 and continuing on the same courso, in all, 205.0 feet to an iron rod set for the Southeast corner of this tract; THRICE N 89 deg. 26 min W 785.0 feet to an iron. rod set for the Southwest corn^.r of this tract; TH.yICE 11 00 deg. 34 min E, at 21.7 feet cross the North line of the Day Land and Cattle Company Survey, A-619, and the South line of the J. Me English Survey A-355, and continuing on the same course, in all, 700.0 feet to the place of beginning and containing 13.234 acres of land, being 12.842 acres out of the J. Me English Survey, Av355 and 0.392 acres out of the Day Land and Cattle Company Survey A-619. r s I I fVOL U'JI PPE 74 It is a condition of this conveyance and a covenant running with the title to said land that no building or buildings shall at any time be constructed or .riintain^d on said land or any part thereof for the purpose or use, or to be urcd for the conduct .of the busin-•:r of buying and oelling goods, wares, tr!rchandise, supclias or crouinmmit of any kind or character t;:,.atscever, and that no .dwelling house shall ba erected or maintained at any time on said property, or any part th^roof; but such covenant shall not cover and in^_lude a business conducted primarily for the benefit of .the occupants of said premises, or specialty, shops in a multi -story building erected for office purposes. Tite taxes assessed against the above described property for the year 1960 shall bo prorated between the grantors and the grantee hereiq. TO HAVL•' AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto- the said i i.:rcl„a Life T_ttsun n_o Company of A:,xica, its successors l Q and assigns forever; and rro do hereby bind Utr ;el'✓�s, cur heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said urcl-a Lifo Incur=co Connany of .Vn!ricas its cucoossors A,}�•w'. and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness cur hands at S Wichita Falln, T:':zo , A.D. 19 60. t this 7th day of -- A-96 sn....._.... _................... WARRANTY DEED \With Single, Joint and \N.ife'a Separate Arl.na.I.A;menis FROM Louis Sikes, et ux TO Eureka Life Insurance�omparq .._ ..... _.„....,... of •Imerica _ FILED FOR RECORD This.................... of............ _-_.............. __.. U). lo.... -. nt......._.... o'C106 :.............................. 3I. ...../.`�1../....................................._........................ C I.tk..... County Ckrk. By............ .. _.._............. �¢'k.... ...... I,eputp ,.i Pp •�t �1 l(/O st G' (nt6Q `unty Record In... .�.:.T ............... ,7 i of....... .......$ti.? 9 Ca'4 ...................... page--. Co trreY�'tz-. Ir ' ' . Covnty Clerk. 6y Rernrdinc Fee_ s..... .: ..1.._....._....... -_ Chip Ir-trca:rnt !amld Lc idcd rtith the C"mnp Clerk ter R,'conl. MARI AJ— i. l n T in so