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1995-018ellisonp.ord AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY DWELLING DISTRICT (SF-10) TO A PLANNED DEVELOP- MENT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 4.91 ACRE TRACT LOCATED ON THE NORTH SIDE OF TEASLEY LANE, ACROSS FROM SAM HOUSTON SCHOOL; APPROVING A DETAILED PLAN FOR THE DISTRICT; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER OR THEIR DESIGNATES TO REVIEW AND APPROVE AS TO FORM AND COMPLIANCE RESTRICTIVE COVENANTS AND INDEMNIFICATION LANGUAGE CONTAINED WITHIN DEEDS AND PROPERTY ASSOCIATION BYLAWS AS PROVIDED IN EXHIBIT C; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Rick Moore has applied for a change in zoning for a 4.91 acre tract of land located on the north side of Teasley Lane/ across from Sam Houston School, from Single Family District (SF-10) to a Planned Development District; and WHEREAS, on January 4, 1995, the Planning and Zoning Commis- sion 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 Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 4.91 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Single Family Dwelling District (SF-10) to a Planned Development District zoning district classification and use desig- nation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the Detailed Plan for the district, in accordance with Division 2 of Article IV of Chap- ter 35 of the Code of Ordinances, except that the language proposed within Note 15 of the Detailed Plan is expressly disapproved and superseded by the language attached as Exhibit C, which is hereby incorporated into this ordinance as a zoning requirement. SECTION III. That the City Attorney and City Manager, or their designates, are hereby authorized to review and approve as to form and compliance restrictive covenants and indemnification language contained within deeds and property association bylaws, as provided in Exhibit C. SECTION IV. That the City's official zoning map~is amended to show the change in zoning district classification. SECTION V. 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 VI. That this ordinance shall become effective four- teen (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, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this ~day of ~, 1995. JENNIFER WALTERS, CITY SECRETARY MICHAEL A. BUCEK, ACTING CITY ATTORNEY FIELD NOTES to all that certain tract of land situated in the City of Denton, Denton County, Texas and being all of Lot 1 in Block A of Denton Piigram Addition an addition in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet G Page 154 of the Plat Reco~s of Denton County, Texas as recignized and occupied on the ground; the subject tract being mom particularly described as follows; BEGINNING for the Southwest Comer of the tract being described herein at a fence comer post at the Southwest Comer of said Lot 1 in the North line of Teasley Lane (F.M. Highway 2181), said comer also being the Southeast Comer of Lot 1 in Block A of Indian Ridge Addition, according to the Plat thereof recorded in Cabinet D Page 264 said Plat Reco~s; THENCE North 00 Degrees 59 Minutes 21 Seconds West with the West line of said Denton Piigmm Addition and Block A of said Indian Ridge Addition along a w<xxi fence a distance of 425.83 fc~ to a 1/2' iron rod found for the Northwest Comer of said Denton Pllgram Addition; THENCE North 89 Degrees 11 Minutes 31 Seconds East with the North line thereof and the South line of said Indian Ridge Ada"~on a distance of 503.70 feet to a 1/2" iron rod found for the Northeast Comer of said Denton Pligmm Addition for the most Easterly Southeast Comer of said Indian Ridge Addition; THENCE South 00 Degrees 51 Minutes 58 Seconds East with the East line of said Denton Piigram Addition a distance of 431.77 feet to a capped iron rod set for the Southeast Comer of said Denton Pilgram Addition in the North line of said Teasley Lane; THENCE North 87 Degrees 16 Minutes 47 Seconds West with the North line thereof and the South line of said Denton Pilgram Addition a distance of 152.07 feet to a capped iron rod set for an angle point in the South line of said Addition and Nodh line of said Lane; THENCE South 88 Degrees 38 Minutes 02 Seconds West continuing with said line a distance of 351.03 feet to the PLACE OF BEGINNING and enclosing 4.910 acres of land. These Field Notes were prepared from an on-the-ground survey made under my direction and supervision on November 12, 1994. Mi(:hael J. Kern R.P.L.S. No. 4158 Date EXHIBIT C The following language supersedes Note 15 of the Detailed Plan for Ellison Park subdivision: 15. As a condition of this planned development zoning classifica- tion and subdivision acceptance, Developer shall integrate the following indemnification language into each deed agreement as a negative reciprocal restrictive covenant running with the land, binding upon all heirs and assigns, and filed in the Deed Records of Denton County, Texas, such as to give notice to all subsequent prospective purchasers. Developer shall also integrate this language into the bylaws of the property owners association. The City Attorney, or his or her desig- nate, shall have the opportunity to review and approve all such covenants and by-laws, and no amendments to the following indemnification language shall be permitted except upon review, approval and concurrence of the City Attorney and City Manager, or their designates. Access: Entry to the private street will be limited to residents, their guests and the parties listed in note 8. Where not currently adequate, right-of-way to 50' from centerline of Teasley Lane will be dedicated by plat. Indemnification: The property owners association (Association) agrees to release, indemnify, defend and hold harmless the City of Denton and any governmental entity or public utility company that owns public improvements within this subdivision (Indem- nitees) from and against any and all claims for damages to the street, restricted access gates and entrance, landscaping and related appurtenances (Private Improvements) occasioned by the Indemnitees use, repair or maintenance of its easements. The Association further agrees to release, indemnify, defend and hold harmless the Indemnitees from and against any and all claims for damages to property and injury to persons (includ- ing death) that arise out of the use of the Private Improve- ments by the Indemnitees. This indemnification shall apply regardless of whether a contributing factor to such damages or injury was the negligent acts or omissions of the Indemnitees or their respective officers, employees and agents. Each lot owner agrees to release the Indemnitees from claims for damages to property and injury to persons (including death) that arise out of the use of the Private Improvements by the Indemnitees and that are caused by the failure of the Association to design, construct or maintain the Private Improvements in accordance with City of Denton standards. EXHIBIT C/PAGE 1 The property owners association and each lot owner shall indemnify the City of Denton from any claims for damages to property and injury to persons (including death) that arise out of a delay of emergency vehicles caused by the restricted access. Ownership of Utility Infrastructure: The portions of the water distribution, sanitary sewer collec- tion, storm drain and electrical systems (except security lights) in Lot 28 will be in public; this is, they will be owned operated and maintained by the City of Denton. Some other utilities will also be public; the gas distribution system will be owned, operated and maintained by Lone Star Gas Company; the telephone system will be owned, operated and maintained by General Telephone and Electric and the cable television system will be owned, operated and maintained by Sammons Communication (or their successors). Public Street Capacity: The capacity of Teasley Lane will not be affected significant- ly by building 27 garden homes, as opposed to 16 SF-10 homes. Stacking beyond Teasley Lane is provided for at least for average size cars at the subdivision entrance. Maintenance & Repair: Public utilities and Teasley Lane sidewalk will be maintained and repaired by their respective owners. Private street pave- ment, the security gate, wrought iron/brick column fences, private storm drain and private landscaping will be held in common and maintained by the property owners association. It will be the responsibility of the property owners association to replace or repair the fence along Teasley Lane if repairs become necessary due to work performed by City crews on the water main or sanitary sewer. The property owners association will be obligated by their articles of incorporation and bylaws to maintain the security gate in operable conditions at all times. Additional Public Costs: The property owners association will be incorporated under the laws of the State of Texas. It will have responsibility to maintain and repair the private facilities. It will also have authority to levy assessments against each of the 27 residen- tial lots, file liens to secure payments, hire legal counsel, etc. in order to accomplish association business. Association duties will be defined in the bylaws, which will be filed in the public record. Each property purchaser will be provided with full information regarding the property owners associa- tion, including a current estimate of their annual assessment. It is anticipated that Rick Moore will maintain control of the association until he sells the nineteenth house. EXHIBIT C/PAGE 2 Maintenance of private facilities will create an additional cost to each lot owner beyond costs borne by homeowners where there are no property owner association assessments. There will not be additional cost to other citizens of Denton. The Denton County Appraisal District indicated that property value assessments are not affected by the type of street (public or private) that serves the lot. That means the lot owners in Eltison Park will pay City taxes essentially equal to other citizens, plus they will pay for maintenance of the street in front of their homes, the security gate, the wrought iron/brick column fence, private landscaping and the private drainage system. E: \WPDOCS~WORK\EXHIB ITC EXHIBIT C/PAGE 3