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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. 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