1999-350 ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99-205
TO PROVIDE FOR A DETAILED PLAN FOR 108 3 ACRES LOCATED WITHIN PLANNED
DEVELOPMENT 174 (PD-174) ZONING DISTRICT, THE SUBJECT PROPERTY BEING THE
PROPERTY GENERALLY LOCATED NORTH OF THE CITY OF ARGYLE BETWEEN
INTERSTATE 35W AND JOHN PAINE ROAD, PROVIDING A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-040)
WHEREAS, on June 15, 1999, by Ordinance 99-205, the C~ty Council approved a change
m zomng for 502 88 acres of land to Planned Development (PD-174) Zomng Dmtnct, and
WHEREAS, on May 13, 1999 B~nary Investment, Inc, on behalf of Violet Properties, L P,
submitted a detailed plan for 108 3 acres located within PD-174, and
WHEREAS, on June 9, 1999, the Planmng and Zomng Commlsmon recommended approval
of a Detailed Plan for such 108 3 acres, and
WHEREAS, the C~ty Council finds that the Detmled Plan ~s ~n comphance with the Concept
Plan for Planned Development 174 (PD-174) Zomng Dmtnct, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That Ordinance No 99-205 providing for the approval of a Planned
Development Zomng Dmtnct Classification and Use Demgnat~on for the property described as PD-
174 m amended by approvmg the Detmled Plan attached hereto and ~ncorporated herein by reference
as Exhibit B for 108 3 acres located w~th~n PD-174, more particularly descnbed by the legal
descnptlon attached hereto and ~ncorporated here~n by reference as Exhibit A
SECTION 2 That a copy of thru ordinance shall be attached to Ordinance No 99-205,
showing the amendment herean approved
SECTION 3 All prowmons of Ordinance No 99-205 ~n conflict with the prowmons of this
Ordinance are hereby repealed, and all other provmlons of Ordinance No 99-205, not m conflmt w~th
the provisions of thru Ordmance, shall remain in full force and effect
SECTION 4 That any person wolat~ng any prowslon of tins ordinance shall, upon
conwctmn, be fined a sum not exceeding $2,000 00 Each day that a prowmon of th~s orthnance is
wolated shall constitute a separate and dast~nct offense
SECTION 5 That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary ~s hereby directed to cause the caption of tins ordinance to be
pubhshed twine m the Denton Record-Chromcle, a dmly newspaper published in the City of Denton,
Texas, wltlun ten (10) days of the date of its passage
PASSED AND APPROVED this the a'~ / ~-~-day of ~, 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ~~ ~cJ
Page 2
EXHIBIT A
LEGAL DESCRIPTION
105.996 ACRES
BEING A 105 996 ACRE TRACT OF LAND SITUATED IN THE B B B & C R R SURVEY,
ABSTRACT NO 158, AND THE E PIZANO SURVEY, ABSTRACT NO. 994, DENTON
COUNTY, TEXAS AND BEING PART OF TRACT I CONVEYED BY DEED TO VIOLET
PROPERTIES ASSOCIATES, L P, RECORDED IN COUNTY CLERK'S FILE NO 98-
019205, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS SAID 105 996 ACRE
TRACT, WITH BEARING BASIS BEING THE MOST EASTERLY LINE OF SAID TRACT
I, BEING MORE PARTICULARLY DESCRIBED BY METES AND Bq)UNDS AS
FOLLOWS
BEGINNING AT A 1/2" IRON ROD FOUND FOR THE NORTHVv~EST CORNER OF SAID
TRACT I, SAID POINT BEING ON THE SOUTHEAST RIGHT-OF-WAY LINE OF
INTERSTATE HIGHWAY 35-W (A VARIABLE WIDTH RIGHT-OF-WAY),
THENCE, DEPARTING SAID SOUTHEAST RIGHT-OF-WAY, ALONG THE COMMON
LINE OF AFORESAID TRACT I AND THE SOUTH LINE OF TRACT II CONVEYED BY
SAID DEED TO HILLWOOD/M¢CUTCHIN, LTD RECORDED IN VOLUME 2470, PAGE
678, DEED RECORDS, DENTON COUNTY, TEXAS, THE FOLLOWING THREE
COURSES AND DISTANCES
SOUTH 89 DEGREES 57 MINUTES 58 SECONDS EAST, A DISTANCE OF 274 15
FEET TO A 1/2" IRON ROD FOUND FOR COKNER,
SOUTH 00 DEGREES 27 MINUTES 57 SECONDS WEST, A DISTANCE OF 497 64
FEET TO A 1/2" IRON ROD FOUND FOK CORNER,
NORTH 89 DEGREES 58 MINUTES 18 SECONDS EAST, A DISTANCE OF 2269 01
FEET TO POINT FOR CORNER IN THE WEST LINE JOHN PAINE ROAD ( A
VARIABLE WIDTH PRESCRIPTIVE RIGHT-OF-WAY), FROM WHICH A 1/2"
IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID TRACT I AND
THE SOUTHEAST CORNER OF SAID TRACT II BEARS NORTH 89 DEGREES 58
MINUTES 18 SECONDS EAST A DISTANCE OF 21 41 FEET,
THENCE SOUTH 00 DEGREES 08 MINUTES 54 SECONDS EAST, WITH SAID WEST
LINE OF JOHN PAINE ROAD AND 25 FEET WEST OF AND PARALLEL TO THE WEST
LINE OF THE CITY LIMITS FOP, THE CITY OF ARGYLE AS DESCRIBED IN VOLUME
794, PAGE 388, DEED RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 1632 89
FEET TO A POINT FOR CORNER, SAID POINT LYING 25 FEET NORTH OF THE NORTH
LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID
INSTRUMENT,
I ~S LD\V~I LLOWLK~98200405~ DATA\ 105ZONE WPD
September 2, 1999
THENCE SOUTH 89 DEGREES 57 MINUTES 52 SECONDS WEST, WITH THE
NORTHERLY LINE OF CRAWFORD ROAD ( A VARIABLE WIDTH PRESCRIPTIVE
RIGHT-OF-WAY) AND 25 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF
THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID
INSTRUMENT, A DISTANCE OF 2350 87 TO A POINT FOR CORNER IN THE EAST LINE
OF A TRACT OF LAND CONVEYED BY DEED TO JOE T SIMPSON AND SPOUSE,
BARBARA $ SIMPSON, RECORDED IN VOLUME 3097, PAGE 570, DEED RECORDS,
DENTON COUNTY, TEXAS,
THENCE NORTH 00 DEGREES 06 MINUTES 15 SECONDS EAST, A~LONG THE WEST
LINE OF SAID TRACT I AND THE EAST LINE OF SAID SIMPSON TRACT, A DISTANCE
OF 372 84 FEET TO A 5/8" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID
SIMPSON TRACT,
THENCE NORTH 89 DEGREES 47 MINUTES 03 SECONDS WEST, ALONG THE SAID
WEST LINE AND THE NORTH LINE OF SAID SIMPSON TRACT, A DISTANCE OF
199 88 FEET TO A 1" IRON PIPE FOUND AT THE NORTHWEST CORNER OF SAID
SIMPSON TRACT IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED
TO fED ARTHUR COOPER AND WIFE, CAROL JOY COOPER, RECORDED IN VOLUME
3097, PAGE 459, DEED RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 00 DEGREES 12 MINUTES 13 SECONDS EAST, ALONG SAID WEST
AND EAST LINES, A DISTANCE OF 428 63 FEET TO A 1/2" IRON ROD FOUND AT THE
NORTHEAST CORNER OF SAID COOPER TRACT,
THENCE SOUTH 89 DEGREES 43 MINUTES 30 SECONDS WEST, ALONG SAID WEST
LINE, THE NORTH LINE OF SAID COOPER TRACT, AND THE NORTH LINE OF A
TRACT OF LAND CONVEYED BY DEED TO DOUGLAS TURNER AND WIFE,
JEANETTE, RECORDED IN VOLUME 643, PAGE 443, DEED RECORDS, DENTON
COUNTY, TEXAS, A DISTANCE OF 437 36 FEET TO A 2" IRON PIPE FOUND IN THE
EAST LINE OF TRACT IV CONVEYED BY DEED TO HILLWOOD/McCUTCHIN, LTD,
RECORDED IN VOLUME 2470, PAGE 678, DEED RECORDS, DENTON COUNTY,
TEXAS,
THENCE NORTH 00 DEGREES 28 MINUTES 31 SECONDS WEST, ALONG SAID WEST
LINE AND THE EAST-LINE OF SAID TRACT IV, A DISTANCE OF 499 36 FEET TO A
IRON ROD FOUND IN THE AFORESAID SOUTHEAST RIGHT-OF-WAY LINE OF
INTERSTATE I-HGHWAY 35-W (A VARIABLE WIDTH RIGHT-OF-WAY),
THENCE ALONG SAID WEST LINE AND SAID SOUTHEAST RIGHT-OF-WAY, THE
FOLLOWING THREE COURSES AND DISTANCES
I ~SLD\WILLOWLK~98200405~DATA\I 0$ZONE WPD
September 2, 1999
NORTH 29 DEGREES 23 MINUTES 45 SECONDS EAST, A DISTANCE OF 692 68
FEET TO A CONCRETE MONUMENT FOUND FOR CORNER,
NORTH 23 DEGREES 59 MINUTES 37 SECONDS EAST, A DISTANCE OF 201 38
FEET TO A CONCRETE MONUMENT FOUND FOR CORNER,
NORTH 29 DEGREES 23 MINUTES 41 SECONDS EAST, A DISTANCE OF 50 58
FEET TO THE POINT OF BEGINNING AND CONTAINING 105 996 ACRES OF
LAND, MORE OR LESS, ~
SURVEYORS CERTIFICATE
I, MICHAEL J BAITUP, REOISTERED PROFESSIONAL LAND SURVEYOR IN THE
STATE OF TEXAS, DO HEREBY CERTIFY THAT THE HEREON LEGAL DESCRIPTION
ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A
SURVEY, MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND
5/8" IRON RODS CAPPED "CARTER & BURGESS" HAVE BEEN SET AT ALL
BOUNDARY CORNERS, UNLESS OTHERWISE NOTED THE MONUMENTS OR
MARKS SET, OR FOUND, ARE SUFFICIENT TO ENABLE RETKACEMENT
MICHAEL S-B/kIT~P ' I
REOISTERED P OFESSIONAL Lam) SURVEYOR
TEXAS REGISTRATION NO 4:574
I ~LD\WILLOWLKk98200405~S DATA\ 105 ZONE WPD
September 2, 1999