HomeMy WebLinkAbout2001-093ORDINANCE NO. o?00/-O3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF LAND
COMPRISING APPROXIMATELY 534 ACRES IN THE CITY OF DENTON. TRACT TWO
IS LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS
CITY SOUTHERN RAILWAY COMPANY, EXTENDING SOUTH ALONG BONNIE BRAE
APPROXIMATELY 6,400 FEET NORTH OF U.S. HIGHWAY 377 TRACT 3 IS LOCATED
NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE, PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (Z-00-021).
WHEREAS, the City of Denton has applied for a change in zoning for 534 acres of land to
Agricultural (A) zoning district classification and use, and
WHEREAS, on November 8, 2000, 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 in compliance with the
1999 Denton Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the zoning district classification and use designation of the 534 acre property
as described in the legal description attached hereto and incorporated herein as Exhibit A is changed
from temporary Agricultural (A) zoning district classification and use designation to Agricultural (A)
zoning district classification and use designation under the comprehensive zoning ordinance of the
City of Denton, Texas
SECTION III That the City's official zoning map is amended to show the change in zoning
district classification
SECTION IV 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 -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 AWday of C 2001
A04-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
I -IV
U.S. 377 Area — Tract 2
ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of
Texas, and being part of the O S Brewster Survey, Abstract Number 56, the W Sajvis Survey,
Abstract Number 1174, the S Pritchett Survey, Abstract Number 1004, the J Edmondson Survey,
Abstract Number 400, the W Roark Survey, Abstract Number 1087 and being more particularly
described as follows
BEGINNING at a point in the present Denton city limit line as established by Ordinance No 60-40,
said point lying 500 feet southeasterly of and perpendicular to the centerline of Interstate Highway 35
West, said point also lying on the west line of the Kansas City Southern Railway Company (formerly
G C & S F Railroad),
THENCE South 20 degrees 50 minutes 12 seconds West, along the present Denton city limit line
established by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to said Interstate
Highway 35 West centerline, a distance of 3,638 feet to a point for corner,
THENCE South 26 degrees 51 minutes 40 seconds West, continuing along the city limit line
established by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to said Interstate
Highway 35 West centerline, a distance of 5,869 69 feet to a point for a corner in the south line of the
said S Pritchett Survey, Abstract Number 1004, same being the south line of the S Pritchett Survey,
Abstract Number 1021 and the north line of the tract described in Ordinance No 91-033, Tract III,
THENCE South 89 degrees 02 minutes 00 seconds East, along the city limit line established by
Ordinance No 91-033, Tract III and said Survey lines, a distance of 2,700 feet to a point for corner at
the northeast corner of the said Tract III and the northeast corner of the J Hams Survey, Abstract
Number 555, same being the northwest corner of the W Roark Survey, Abstract Number 1087,
THENCE South 00 degrees 08 minutes 00 seconds West, continuing along the present Denton city
limit line established by annexation Ordinance No 91-033, Tract III and the east line of said Hams
Survey and the west line of said Roark Survey, to and along the middle of a County Road, known as
Bonnie Brae, a distance of 262135 feet to a point for corner, said point being the Southwest corner of
a tract of land conveyed to Joab Partners L P recorded in Volume 4283 Page 855 Real Property
Records of Denton County, Texas,
THENCE South 89 degrees 29 minutes 08 seconds East along the South line of said to Joab Partners L
P tract a distance of 1700 62 feet
THENCE North 88 degrees 46 minutes 32 seconds East along the South line of said to Joab Partners L
P and the a North line of a tract of land conveyed to V D Burch recorded in Volume 239 Page 137
Deed Records of Denton County, Texas a distance 1502 66 feet
THENCE North 00 degrees 47 minutes 19 seconds West along the Northerly West line of said V D
Burch tract and passing the Northeast corner of said Joab Partners L P tract and passing the Southeast
corner of the tract of land conveyed to New Time Investments Corporation recorded in Volume 2399
Page 112 Real Property Records of Denton County, Texas and continuing along the East line of said
New Time Investments Corporation tract a distance 2294 14 feet to the Northeast corner of said New
3
Time Investments Corporation tract and also being the Northerly most Northwest corner of said V D
Burch tract,
THENCE in a Southerly Direction the next following 7 calls along the East boundary of said V D
Burch tract and along and near the meridian of Hickory Creek,
1 THENCE South 84 degrees 05 minutes 01 seconds East a distance of 206 78 feet,
2 THENCE South 62 degrees 01 minutes 26 seconds East a distance of 242 77 feet,
3 THENCE South 55 degrees 31 minutes 24 seconds East a distance of 206 78 feet,
4 THENCE South 35 degrees 25 minutes 14 seconds East a distance of 298 70 feet,
5 THENCE South 07 degrees 50 minutes 35 seconds East a distance of 622 41 feet,
6 THENCE South 28 degrees 10 minutes 12 seconds East a distance of 400 35 feet,
7 THENCE South 07 degrees 13 minutes 55 seconds East a distance of 433 75 feet,
THENCE South 20 degrees 31 minutes 17 seconds East along a Burch East boundary line
a distance of 2190 feet to a point for corner, said point being the northwest corner of the disannexation
tract established by Ordinance No 80-1, Tract III, said point being 500 feet northwesterly of and
perpendicular to the centerline of U S Highway 377 and being on an annexation line established by
Ordinance No 69-40, Tract III,
THENCE North 43 degrees 51 minutes East along said present Denton city limits established by
Ordinance No 69-40, Tract III, 500 feet northwesterly of and parallel to the centerline of U S
Highway 377 a distance of 986 feet to a point for corner, said point being the intersection of the west
right-of-way line of the Kansas City Southern Railway Company (formerly G C & S F Railroad) and
the southwest right-of-way line of the Union Pacific Railroad (formerly Texas and Pacific),
THENCE Northwesterly along the present Denton city limit line established by annexation Ordinance
65-43, Tract IV, and the west right-of-way line of the G C & S F Railroad an arc length of 1,877 feet
to a point for corner, said point being the southeast corner of City of Denton annexation Ordinance No
84-18 and said point lying on the south line of the A Hickman Survey, Abstract Number 521,
THENCE West with the south line of said Hickman Survey and the along the south line of said
Ordinance No 84-18, a distance of 1,680 feet to a point for corner, same being the southwest corner of
said Hickman Survey,
THENCE North along the west boundary line of the said Hickman Survey and a west line of said
Ordinance No 84-18, a distance of 1,029 feet to a point for corner lying in the centerline of Hickory
Creek,
THENCE North 48 degrees 14 minutes 27 seconds West along the centerline of Hickory Creek a
distance of 302 06 feet to a point for corner,
THENCE South 81 degrees 14 minutes 33 seconds West along the centerline of Hickory Creek a
distance of 958 63 feet to a point for corner,
THENCE South 58 degrees 07 minutes 54 seconds West along the centerline of Hickory Creek a
distance of 210 84 feet to a point for corner, said point lying within Bonnie Brae Road,
THENCE South 69 degrees 56 minutes 37 seconds West along the centerline of Hickory Creek a
distance of 350 feet to a point for corner, said point lying on the west line of the J Edmonson Survey,
Abstract No 400 and the east line of the S Pritchett Survey, Abstract No 1004,
THENCE North along said Survey lines a distance of 511 feet to a point for corner, said point being
the inner -ell comer of a tract conveyed to The Veteran's Land Board of the State of Texas by deed
recorded in Volume 966, Page 57 of the Deed Records of Denton County, Texas,
THENCE North 89 degrees 03 minutes 10 seconds West a distance of 297 45 feet to a point for corner,
THENCE North 89 degrees 03 minutes 10 seconds West a distance of 594 55 feet to a point for
corner, said point being the southwest corner of a 13 33 acre tract conveyed to Asa W Yount et ux by
deed recorded in Volume 929, Page 734 of the Deed Records of Denton County, Texas,
THENCE North 89 degrees 03 minutes 10 seconds West a distance of 422 50 feet to a point for corner,
said point being the southeast corner of a tract conveyed to The Veteran's Land Board of the State of
Texas by deed recorded in Volume 989, Page 401 of the Deed Records of Denton County, Texas,
THENCE North 26 degrees 51 minutes 20 seconds East a distance of 1,685 26 feet to a point for
corner,
THENCE South 89 degrees 24 minutes 20 seconds East a distance of 600 feet to a point for corner,
said point lying on the west line of said J Edmondson Survey, Abstract Number 400 and the east line
of said W Sajvis Survey, Abstract Number 1174, said point also being a southwest corner of the
present Denton city limits established by annexation Ordinance No 84-18,
THENCE North with the east line of said W Sajvis Survey and a west line of said Ordinance No 84-
18, a distance of 1,100 00 feet to a point for corner at the northeast corner of said W Sajvis Survey,
said point also lying in an east and west county road (Corbin),
THENCE West with the North line of said W Sajvis Survey and a north line of said Ordinance No
84-18 and in an east and west county road (Corbin) to the southwest comer of Lot 23 of the Solar Way
Addition fora corner,
THENCE North 01 degrees 18 minutes 49 seconds East a distance of 592 76 feet to a point for corner
at the northwest corner of Lot 21 of said Solar Way Addition,
THENCE South 87 degrees 17 minutes 13 seconds East a distance of 387 56 feet to a point for corner
at the southwest corner of Lot 10 of said Solar Way Addition,
THENCE North 04 degrees 55 minutes East a distance of 33 30 feet to a point at the southeast corner
of Lot 9 of said Solar Way Addition,
THENCE North 42 degrees 52 minutes 40 seconds West a distance of 75 76 feet to a point for corner,
THENCE North 69 degrees 49 minutes 15 seconds West a distance of 80 26 feet to a point for corner,
THENCE North 14 degrees 56 minutes 43 seconds West a distance of 70 14 feet to a point for corner,
THENCE North 39 degrees 25 minutes 17 seconds West a distance of 119 03 feet to a point for corner,
THENCE North 02 degrees 30 minutes 08 seconds East a distance of 186 85 feet to a point at the
northwest corner of Lot 9 and the southwest corner of Lot 8 of said Solar Way Addition,
THENCE North 19 degrees 47 minutes 27 seconds East a distance of 713 54 feet to a point at the
northwest corner of Lot 1 of said Solar Way Addition,
THENCE South 89 degrees 12 minutes 11 seconds East along the north boundary line of said Lot 1 a
distance of 483 25 feet to a point for corner, said point lying 500 feet west of the east line of said O S
Brewster Survey, Abstract No 56,
THENCE North 500 feet west of and parallel to the east line of said O S Brewster Survey, a distance
of 700 feet to a point for corner,
THENCE East with the north line of said Ordinance No 84-18, a distance of 500 00 feet to a point for
corner in the west right of way line of said Kansas City Southern Railway Company, same point also
being in the present city limit line as established by Ordinance No 60-40,
THENCE Northwesterly with the western right of way line of said Kansas City Southern Railway
Company and the present Denton city limit line as established by Ordinance No 60-40 along the
various calls a total distance of 2,400 feet to the POINT OF BEGINNING and containing in all 553
acres of land, save and except a 21 acre tract of land owned by Joe M Erwin described in an Extension
of Lien Instrument recorded in Volume 659, Page 25 of the Deed Records of Denton County, Texas,
for a net acreage of 532 acres
SAVE & EXCEPT TRACT
ALL that certain lot, tract or parcel of land situated in the County of Denton and State of Texas, 4-1/2
miles south 45 deg West from Denton and being part of the most northern S A Pritchett Survey, and
more particularly described as follows
BEGINNING 475 2 vrs South of the northeast corner of the original survey, a rock,
THENCE West 594 vrs a rock for corner,
THENCE South 34 vrs a stake in the center of the channel of Hickory Creek,
THENCE down the center of the channel of Hickory Creek as it meanders to a point where said creek
crosses the east boundary line of the original survey,
THENCE North with said east boundary line 184 vrs to the PLACE OF BEGINNING, containing 21
acres of land, more or less
U S. 377 Area -Tract 3 Exhibit A
All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of
Texas, and being part of the O S Brewster Survey, Abstract Number 56 and also being part of a tract
of land as conveyed from Earl W Wilson to Sue M Wilson by deed as recorded in Volume 774, Page
633, Deed Records, Denton County, Texas, same being the save & except tract as described in City of
Denton annexation Ordinance No 84-18, and being more particularly described as follows
BEGINNING at an old iron pm at a fence corner at the southeast corner of said 2 11 acre tract and in
the east boundary line of said O S Brewster Survey, Abstract Number 56 and being in the present
Denton city limits as established by Ordinance No 84-18,
THENCE South 87 degrees 03 minutes 10 seconds West along the present Denton city limits as
established by Ordinance No 84-18 and with said fence, a distance of 269 36 feet to a steel pin at a
fence corner in the east right of way line of Bonnie Brae Street, a public road,
THENCE North 20 degrees 55 minutes East along the present Denton city limits as established by
Ordinance No 84-18 and with the east right of way line of said Bonnie Brae Street, a distance of 420 5
feet to a steel pin at a fence corner and being the southwest corner of a tract out of said 2 11 acre tract
as described in a deed from Lavella Barber to J H Howard and wife, on November 14, 1964, and
recorded in Volume 516, Page 140, Deed Records, Denton County, Texas,
THENCE South 72 degrees 12 minutes 40 seconds East along the present Denton city limits as
established by Ordinance No 84-18 and with said fence, a distance of 124 85 feet to a steel pin at a
fence corner in the east line of said 2 11 acre tract and of said O S Brewster Survey, Abstract Number
56,
THENCE South along the present Denton city limits as established by Ordinance No 84-18 and with
said fence and said O S Brewster Survey, Abstract Number 56, a distance of 340 8 feet to the POINT
OF BEGINNING and containing 1 654 acres of land