HomeMy WebLinkAbout1981-079Amended by Ordinance No
97-205
NO QI-nq
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCF NO 69-1,
AND AS SAID MAP APPLIES TO APPROXIMATELY 71 767 ACRES OF LAND,
MORE OR LESS, OUT OF THE B B B & C R R SURVEY, ABSTRACT NO
196 IN THE CITY OF DENTON, AND MORE PARTICULARLY DESCRIBED
HEREIN, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The Zoning Classification and Use Designation of the
following described property, to -wit
FIRST TRACT -All that certain lot, tract or parcel of land lying
and being situated in the City and County of Denton, State of
Texas, and being all of a First Tract of 20 994 acres, and all
of a Second Tract of Lots Numbers 1,2,3,4, and 5 of the
Phillips Addition to the City of Denton, as conveyed by deed
dated March 25, 1959 from Elmer Phillips and wife, Mayme
Phillips to H S Osborne and wife, Edna M Osborne, as shown
of record in Volume 445, Page 129 of the Deed Records of Denton
County, Texas, and a part of a certain First Tract of 67-1/2
acres as conveyed by deed dated September 29, 1948, from W
Clarence Smith and wife, Fern D Smith to H S Osborne and
wife, Edna M Osborne, as shown of record in Volume 346, Page
539 of the Deed Records of Denton County, Texas, the above
named lands lying east of the Atchison, Topeka and Santa Fe
Railroad, and being out of the of B B B & C R R Company
Survey, Abstract No 196, and being more particularly described
as follows
BEGINNING at a steel pin in the west boundary line of a north
and south public road whose width is 80 feet, and being
designated as Farm to Market Road No 1830 (formerly old Fort
Worth to Denton Highway) said point of beginning being the
northeast corner of the past mentioned first tract of 20 994
acres,
THENCE south 00054140/1 east, along the West Boundary Line of
Farm to Market Road No 1830, 576 42 feet to a steel pin for
the southeast corner of the past mentioned first tract of
20 994 acres, and being in the north boundary line of a first
tract of 67-1/2 acres, as conveyed by W Clarence Smith and
wife to H S Osborne and wife, Edna M Osborne,
THENCE south 89053' east alonq the north boundary line of the
above mentioned 67-1/2 acre tract 40 00 feet to a point in the
centerline of Farm to Market Road No 1830, and being in the
east boundary line of the B B B & C R R Company Survey,
Abstract No 196, for the northeast corner of the past
mentioned 67-1/2 acre tract,
THENCE south 00*5414011 east along the east boundary line of the
B B B & C R R Company Survey, and the center line of Farm to
Market Road No 1830, 1091 3 feet, to a point for the southeast
corner of the past mentioned 67-1/2 acre tract (call on this
line being 1107 22 feet),
Z-1496-LATIERRA COMPANY (RICHARD KELSEY)
THENCE south 89037122" west and passing at 40 feet the east
boundary line of Farm to Market Road No 1830, continuinq on
said course, and along existing fenceline and the south
boundary line of the past mentioned First Tract of 67-1/2
acres, 1521 00 feet, to a steel pin and fence corner post for
the southwest corner of tract herein described and being in the
northeasternly right of way line of the Atchison, Topeka and
Santa Fe Railroad,
THENCE north 35027' west along the northeasternly boundary line
of the Atchison, Topeka and Santa Fe Railroad right of way and
being 75 feet from and parallel to the centerline of said
railroad 1483 3 feet to a steel pin for corner, and being in
the west boundary line of Lot 1 of the past mentioned Phillips
Addition, east boundary line of Lot 1 of the past mentioned
Phillips Addition, and being in the east right of way line of
United States Highway No 377 and being the most western corner
of the past mentioned Elmer Phillips and wife, to H S Osborne
and wife second tract,
THENCE north 43051 east along fence line and the east boundary
line of said Highway No 377 and being 85 feet east of and
parallel to the centerline of said highway and along the west
boundary line of the past mentioned Lots Numbers 1,2,3,4, and 5
of the Phillips Addition, 512 00 feet to a fence corner post
for the northwest corner of Lot Number 5 and the southwest
corner of Lot Number 6 of said Phillips Addition,
THENCE south 46009' east along fenceline and passing at 200
feet the northeast corner of Lot Number 5 of said addition,
continuing on said course, a total distance of 635 6 feet, to a
steel pin and fence corner post for inner ell corner on the H
S Osborne tract of land,
THENCE north 43051' east 200 00 feet to a steel pin for corner,
THENCE north 460091west along fenceline 235 6 feet to a fence
corner post or corner,
THENCE north 43051' east along fenceline 300 00 feet to a fence
corner post for the most northern northwest corner of the
Osborne First Tract of 20 994 acres,
THENCE north 89017' east along fenceline 1325 3 feet to a point
of beginning and containing 70 765 acres of usable land and
1 002 acres in public road, making a total of 71 767 acres of
land
is hereby changed from Agricultural "A" District Classification
Use to Planned Development "PD" District Classification and Use
(Planned Development "PD" zoning on 71 76 acres for Single
Family (SF-10), Multi -Family (MF-R) and Two -Family (2-F)) under
the Comprehensive Zoning Ordinance of the City of Denton, Texas
subject to the following conditions and restrictions, to -wit
1 The density of lots abuttinq the railroad shall
be limited to no more than four (4) units pPr
lot, and
2 Plat approval shall constitute site plan approval
The Zoning Map of the City of Denton, Texas, adopted the 14th
day of January, 1969, as an Appendix to the Code of Ordinances
Z-1496-LATIERRA COMPANY (RICHARD KELSEY)
of the City of Denton, Texas under Ordinance No 69-1, be, and
the same is hereby amended to show such change in District
Classification and Use
SECTION II
That the City Council of the City of Denton, Texas hereby
finds that such change is in accordance with a comprehensive
plan for the purpose of promoting the general welfare of the
City of Denton, Texas, and with reasonable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens
SECTION III
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof (�
PASSED AND APPROVED this the /-R day o J 4
1981�� A
IT OF D TON, TEXAS
ATTEST
BILLLL A�, D CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY ^—a r, 2
Z-1496-LATIERRA COMPANY (RICHARD KELSEY)
ij
F
xa
a
{P
i
C �peYARD�29M11 dx
ORDINANCE NO q[je �
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 A§ 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
MAXIN UM 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 Commission 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
Sgction 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 Exlubit B for all
purposes
Section I That Ordinance No 81-79 as amended shall remain in full force and effect save
and except as amended by this ordinance
Section II That a copy of this ordinance shall be attached to Ordinance No 81-79
Section 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 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-Chromcle a daily newspaper published in the City of Denton
Texas within ten (10) days of the date of its passage
c Dos 10P0WIOLI E
PASSED AND APPROVED this the �% day of 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
ED
PAGE 2
Exias T A
70 884 ACRES
8800 d Srol cotaM bl Mel or parcel of land duelled In dw B 8 8 end C RR
Cempery Supm AbsMd Number 1 SS In to COY end Couty of Dentin, Teas
belrq o pot d mat e"m boot d larxt deaerbed in a deed bom Mary M TWwr
to H 8 Osborne Heeded under doWs FIN Number 04AM14801, Roa1 Properly
Records Dentin County Tesb, end being a part of PM fts AdAm. an edMen
b tlw City d DenubrL Dsntan Canty Tem eeoadIrq b M pit tlread matbd
M Vehmw 381 Pepe SEE Deed Roeads Detan County Tome end bsbq d of
Los Morodes Additen im eddlW to 0% City of Demon Dentin Canty Teas
lnC� �Rrorod meant
occPlot Rom
In�e�
i
Dante sold plot in by to PIN E end w"
Cemmlaslon of 8w CM d Denton Texas ncadad In Volume 2144, P"* 289
Plot Reeads, Cotton County Texas end bOv more Pamatarly described M
foam
BEOWNINO d on Iron rod Found M come In 8w west line d F&w4o %rkd
sold
M a hndWeeama�ye0d
paH bbOV normsi eWorner eer�r 6ad bey dnd
Ram R N MoMa to Sobbla M Stms racerded In Voharw 901 Pepe 718 Dad
Records Dalton County Texas
i THENCE S w 37' 2Y W 1479.37 feel vft % north Orw of sak 8bne tnsd b
on bon rod farad Iron rod for come In Vw normeest One of the Akhbon Topoka
and Setts Fe Relkad 78 0 fool ftm-d my
THENCE N 38 21 10' W 1482 04 fool wet sold norltmW IVw of oM RaOrood
' o RISMd-wwy to on Iron rod sit for w is M the sadhusl Era d tMed Sites
w HiOhwey Number 377 a Publk roadway sold Poltt Demo the most weslary Perot
p of sold PhMIps AddOlon
THENCE N 44' 01' 42 E 51200 teal with old satMad One of sold US
I No ay Number 377 to an Von rod found for corm sold Pelt belt Bw wag
a wols y corrwr of RepW of PMBpa Addloon on oddObn to to CRY of Daman
Doift County Tens eeeadlnplo ew Plot 8rarad nworded In Cebinsl C Po0o
r 300 Plot Records Denton County Tom
`V THENCE 8 48. 0E 03' E SU 84 fed with M 9mtmest Ilna Of old RePM Of
cold Phape Addaton to an Iron rod found for comer
N
THENCE N 43' 4V 3P E 199 SO foot wtm Ind wumaest OM of sold RePM 10 on
}L' wan red found for caner
THENCE N 48. 00' VW 23E 28 feet with 8w na0rsesl Me Of tad Re11101 10 e
w %ne ocffw for eomar sad point bony One wrest SaMaAy Point Of OW carbhr
r` Mel of lend conveyed by deed from PahIt Ann Ohre b Chris A. Canoe
c rocorMd In Vohmw 2918 Page 884 Reel Property Reads Dentin County
0 Tomes
0
0
y THENCE N 43• Sr 25' E i99 $I IeN wwr Ind eouewad Ilrw Of old Coma boa
to an Iron red found M Coma od pohd being Ind soAlmad 00 No Of 90
cmish trod of land convoyed by deed wan Don J When 10 WMm Ilowrws an
March 14 1972 end headed in Deed Re , Denton Camly Taxes
THENCE N 89' 1S 10' E 1323 38 fed with Ind south One of sod H*m bad
end wmr Ind south Iww of end cwbin band of land conveyed by dead horn Oarww
JwW le Mbhod )den Nelson mwdod In Vohmw W Pape 196 Deed Records
Denton County Tens to an Iran rod found for Coma In sold wed Me of sold
Fmmdo-Morket HID" Number 1830
THENCE S 00' EO 17' E 1887 E1 lad with old west It" of old Femb•MarkN
H E! way 10 On PLACE OF BEOWNIND end cenbk" 70 654 sores of lend
SURVEYOR'S CERTIFICATE
The woom Pwd Rspldorod ProbuWW Land Sunaya Mw'Suvoyer)
Ildl. hwft col"" to MCHBL M LMDOREN AND H 8. OSSCRNB, SELLERS,
OR. CAMERON AND ASSOCIATES INC. PURCHASER AND WESTSTAR
d@sm"m Sol
%M heeen en law end convict end v*WW ham MINS Plot Of WAY end Ow mobil wAh"mud
survey of Sw red propaty row'MtWlr) slew^ an son (b) such arevSy vva
II conducted b7 Ind Suvaya Of under his supevlabn (0) an ftm wnb dwrm
Woolf w"Ity astd. end 8w bee8an sit end type d nwtorld dared ore
II oonody strewn, (d) WoPl a Shown heron two ono ne vlalbte erwrosefarranls
orde Sw prepay w PWAWn% godan #we we no shun VrgrovwrreSS en
M dw pwprty eau me shown "m we re vbbb oslw w ft or1000
herasn.
ov
aarr8bb (e) 8w.ltsa imam end tM d kwPaverwerts
and den IeMbd YAM boudetes Of Ind Pr01se"y end ed bm* San to
PHpMy boom to dlab me e Vuac"I lA OHPlab ebb ferrn4o-Mebd
•�� M �� � YY _. �_ eMYll
amiarr 8
n
30_
ffi
N g
ri
a
R
!�I'9
o
u
ILI
IV
Exw��rr 8
tl a
!a la 13a i�aDSSV
_._V " 11
102MCNO I Nd
.,
Rlil
fj��lJ
iffilkPlaCH
,j��
----=
—�.
3N7U0 M31NOffON
+
-IF"
�
Ll
I
"I
s
—
I
• I a +
I++�
I� �
I
avoyiroy j s L--
_���
a �
g
i gg d V S`
3 fl Y g
{6g tall
a411oip jA as t11ig��
3 /.