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Home My WebLink About1997-205c �n:.wau�ro�i a. NOTE Amended by Ordinance No 99-432 ORDINANCE NO q 9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A REVISED DETAILED PLAN FOR PLANNED DEVELOPMENT NO 35 (PD-35) FOR THE 70 654 ACRES AS SHOWN IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED BETWEEN U S 377 AND F M 1830, APPROXIMATELY 1,700 FEET SOUTH OF HOBSON LANE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, D R Cameron & Associates, on behalf of H S Osborne, owners of the subject property, has applied for approval of a revised detailed plan for the 70 654 acres described in Exhibit A, which constitutes Planned Development 35 (PD-35), a planned development district established by Ordinance 81-79,and WHEREAS, on June 11, 1997, the Planning and Zoning Comnussion recommended approval of the requested detail plan, and WHEREAS, the City Council finds that this detailed plan will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Section I That Ordinance No 81-79, as it relates to Planned Development District 35 (PD- 35), consisting of 70 654 acres more particularly described by the legal description attached hereto and incorporated herein as Exhibit A, is hereby amended by adopting a revised detailed plan for the 70 654 acres, said detailed plan being attached hereto and incorporated herein as Exhibit B for all purposes, subject to the following conditions A The acquisition, dedication, and inclusion of an approximately 20-acre site for a public park B Construction of additional infrastructure to the park site to provide access for the first adjacent houses built in the subdivision Section II That Ordinance No 81-79 as amended, shall remain in full force and effect, save and except as amended by this ordinance Section III That a copy of this ordinance shall be attached to Ordinance No 81-79 Section N That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense C �DxMP0�29'1011 Jo[ Section V That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 15+ day of 1997 61 JA ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EvioT A -1+ 0 0 0 f.: To I"MRES Nam am tit aAal lot pact Or penxd Of fend aMnnted l to B e B and C RR Company Bull Abstract Number 190 In to Cy and Cony Of Denton, Teas, beingis part c4tret edam trod of tend deft d In a dead from Mary M TWW to H 8 Memo Headed undo days File Number 144100148O1, ROM Is oM ty Rom , Denim County, Tares. end being a pit of PhIff" Addition, an I MA to fit"cfDsh1on, Denton Courdy, Texas aeeadng b Its plot Maad raearttsd In Volume $81, Page 598, teed Records Denim Courhfy, Texts and being M of Los Moned*sAddltlen, on sddltlon to the Cy clDenton. Donlon 0".Tan Woordh to to PIM tfM 0001Oled In Call C. Pogo 15. Plat Rsoade, Denton County, Taxes, sold pit being vaeal by the Plan I q and Zoning CommMbn cure CM of Oenfon Texas receded In Volume 2144, Pogo M. Plat Records Denton County Texas and behg more psnkaAerfy desorMd as wow SEOWNMkt at an loon rod found for comer In the west Ora of F&MJIO-MMat Highway Number MID, a public o dwy having a fight of way of 900 teat sold point being IM northeast comer of that arleln pad of lord caweyad by dead from R N Moh% to Bobble M Elms roxxx In Vohma 901. Pape M. Deed Records, Dw*m Candy Tex", THENCE S W 37' 2r W. 147931 feet with the none Ana of said 81ma bad Is an Iron rod bund Iron rod for coma In the normaW fine of Its Atchison, Topoks erd sente Fe Rafted 75 0 fad right -of way THENCE N 35' 2T 10' W 1482 64 feet with sold northeast Ana of sold Romed RIgM46wey to on Won rod act for corner In the Southeast Ana 01 I~ $lot" Hfplwray Number 377. a public roadway sold point being the most Wesley point of sold Phillips Addition THENCE N 44. 04' 42" E 512 00 1" with said southeast Rra of sold US 1 r4o w+y Number 377 to on Iron rod found fa caner. sold Point being 90 moat of Deft , Dentonount' eras, occordlrgto @Additionm re of Replat of Phl o Plot thereof recorded InM CaWrM C Pegs 300, PM Records, Damon Court', Texas THENCE S 48' W 03' E 934 84 foot with the souRwnal line of sold Rol of sold Philips Addition to an Iron rod found for coma, THENCE N 4S- 4S 3P' E 1" So Mt with Its wumaost haw of seld Roplol b on Won rod found for comer, THENCE N 48' W 33' W. 235 2a feet with Its noMnesst line of sold Rapist to a knee caner M coma sold pond be" the most southerly Point Of that cartel tined of land conveyed by dead from Poblel Ann Clara to Cho A. Carrico ,seeded In Volume 2915 Page 884 Real Property Records Delon Court', Texas, THENCE N 430 ST 25' E 299 81 lest with its southeast line of sold Cernco pad to on Iron red found for comer, sold pond befog the souer M comer of I M eel shr tact of land conveyed by deed from Don J Whon 10 WWm ►Idnha on March 14,1972 and recorded In Deed Record Dentin Canty. Taxes, THENCE N 89' IT 10' E 1323 38 Its With t e south line of UM Hobos had and with Its south hire of that certain had of lend conveyed by deed hen Goneve Jenal to Mil Alan Nelson moo ded in Volume 998, Page ISO, Deed Reeads, Derdm Cony, Tons, to an iron rod found for comer In sold wool line of said Fonfldo-Morkei Highway Number 1830 THENCE S 00' W I r E feel SI Its with said well line of said Fsrmb-MaA s Highway to the PLACE OF BEOMMINC and containing 70 654 scfes Of lord SURVEYOR'S CERTIFICATE The underspined Regodo M Professional Lend Surveyor On'Sueeyw) hereby atg8es to RACHEL M. LMIDOREN AND H 9 0590RNE, 9ELLE119, o IL CAMERON AND ASSOCIATES, INC, PURCHASER AND WESTSTAR TITLE comPANY that (a) this plat of oil Veyand on property fl M arOIWM 90 forth herow are trtw and correct end prepersd hOVMWW survey d the real Properly (on TrapeAY) stoop to son, rot rAh OU 0 V vm conducted by the Surveyor Or under his SuPerviall (c) a8 Mo emonte shown Hiram soil er A and to boom, all end MW of material tlwr.d ore .V`W9 WO "0 visible aneer"dis"amile eeroowl plapairly o shtwh; euapl es shown than We no other h gxoW«rarAa On Properly local as show, there we no visible aNmarAs or bmn*Y Act eordAds, (e) to�Iee, beaten end ypa d lgrwenont+ coo ea aMfrw herem, end of ON balled wtMr bourdefNs of to Propane and ant back pent lire Property Anse to dlsheele Indicated 0)�the p0: ellyr f Emarr 8 I 9fti�tili I ,� I f ,! 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M - • • • r p - • A 1 �T i P • •• Ci t e A e i e a i A A a �- •� • 1 IS 1 1 I •, fw s =w I+r(I F ° r • f � a fiIBi CfA ii 1S ✓ IL' ' � ' d" r .• dam• � r 'f�i. � ) a a p �♦ � ♦� a V• ��, •• �i�. - .... ,� ' 6fP, list A ... a. �! �� !i' C, list ..., I. d� III list ..., ,. i! fill Y [1p W IW Exitiorr 8 + a c+ll, i, Si r l�1�11(l�+�l�ttrtlil_OSSY V " a w 3 rolFM- avoairyy js lagt 1��i8 s Ay Y tlA SXA�9X� ,�� yi rtp } X ygg "i$6��g�y�y��gy� $��gg. g5��agqpggp1 z 31, \� WLXVOLl9iupcaoerlVQL. �m ism ORDINANCE NO q9 - AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 97- 205, TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD-35), BY APPROVING A REVISED DETAILED PLAN FOR 7 626 ACRES OF LAND LOCATED ON THE CORNER OF U S HWY 377 AND THE SANTA FE RAILWAY, WEST OF F M 1830, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z- 99-079) WHEREAS, D R Cameron and Associates, has applied for an amendment in zoning for 7 626 acres of land on Planned Development (PD-35) by asking for approval of a revised detailed plan for the 7 626 acres, and WHEREAS, on October 27, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning will be consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That ordinance 97-205 providing approval of a revised detailed plan for Planned Development No 35 is hereby amended for the 7 626 acre property described in the legal description attached hereto and incorporated herein as Exhibit "A", by approval of a revised detailed plan as described in Exhibit `B", which is attached hereto and incorporated herein by reference The 7 626 acre property shall be subject to the following additional condition The exterior of the homes to be constructed shall consist of at least 75% brick, windows and doors excepted SECTION 2 That a copy of this ordinance shall be attached to Ordinance No 97-205, showing the amendment herein approved SECTION 3 That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 4. That if any section, sub -section, paragraph, clause, phrase, or provisions of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part of provisions hereof, other than the part so decided to be invalid or unconstitutional \1CH1 NWLI\SHAPHU E""L' Px'wmlMldmue M9P0] SECTION 5 That Ordinance No 97-205, as amended, shall remain in full force and effect, save and except as amended by tins ordinance SECTION 6 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of 1999 ATTEST, JENNIFER WALTERS, CITY SECRETARY BYA APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY JL% N 4'�' G` �y� C'e 4 Page 2 EXHIBIT A LEGAL DESCRIPTION WHEREAS, PULTE HOME CORPORATION OF TEXAS, is the owner of a two tracts of land situated in the B B B & C R.R. Survey, Abstract No 196, in the City of Denton, Denton County, Texas, being part of a 70 654 acres of land, as described in Clerks File No 97-R0055782, in the Deed Records of Denton County, Texas, being more particularly described as follows S NIN BEGINNING, at a %a inch iron rod found at the most northerly of the most westerly northwest corner of Bent Creek Phase I, an addition to the City of Denton, Texas, as described in Volume 0, Pages 85-86 in Map Records of Denton County, Texas and bows in the intersection of the south right of way line of U S Highway 377 (Variable width R 0 W ) and the north right of way line of Mosscreek Drive (50' R 0 W ), THENCE, North 44°04'42" East, along the said &0 W of U S Highway 377 and along the north line of said 70 654 acre tract for a distance of 115 00 feet to a %3 inch iron rod found, THENCE South 46°06'03" East, departing the said R 0 W and along the westerly northeast line of the said 70 654 acre tract for a distance of 634 64 feet to a %a inch iron rod found, said iron being in the north line of Bent Creek Phase A, THENCE, South 43°45'39" West, along said north line for a distance of 115 00 feet to a % inch iron rod found, said iron being in the North right of way line of Mosscreek Drive, THENCE, North 46°06'03" West, continuing along the said north R O W line of Mosscreek Drive for a distance of 635 28' to POINT OF BEGINNING and containing 1675 acres of land S NI BEGINNING, at a'/: inch iron rod found at the most southerly of the most westerly northwest comer of Bent Creek Phase I, an addition to the City of Denton, Texas, as described in Volume 0, Pages 85-86 in Map Records of Denton County, Texas and being in the intersection of the south right of way line of U S Highway 377 (Variable width R 0 W ) and the south right of way line of Mosscreek Drive (50' R 0 W ), THENCE, South 46006'03" East, along said south R 0 W line of Mosscreek Drive for a distance of 635 56 feet to a %a inch iron rod found, THENCE, South 43045139" West, departing the said R 0 W along the northwest line of said Bent Creek Subdivision Ph I, for a distance of 467 67 feet to a %a inch iron rod found in the North R 0 W line of the G C & S F Railroad, THENCE, North 35°23' 10" West, along the said north R 0 W line for a distance of 649 09 feet to a''/z" iron rod set, said point lying in the south right of way line of U S Highway 377, THENCE, North 44°04'42" East, along the said south right of way line of U S Hwy 377 for a distance of 347 00 feet to the POINT OF BEGINNING AND CONTAINING 5 951 ACRES OF LAND 8 N w r � { •5t • w .�i 1' h 1 +e•T Jul 1 Jul Va 8 jig 6Si10 2 t t W + !D � Y b tA 41 Z0 39tld 9NIN33NI9N3 NIMM00 La6b96CZL6 SZ bT 666T/9T/TT