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superseded by the language attached as Exhibit C, which is hereby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