1995-133pineycrk.ord
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED
PLAN FOR PLAiYNED DEVELOPMENT ZONING DISTRICT SIX (PD-6), WITH
RESPECT TO 15.413 ACRES OF LAND LOCATED THEREIN, NEAR THE NORTHWEST
CORNER OF THE INTERSECTION OF COLORADO BOULEVARD AND SAN JACINTO
BOULEVARD; AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER OR THEIR
DESIGNATES TO REVIEW AND APPROVE AS TO FORM AND COMPLIANCE RESTRIC-
TIVE COVENANTS AND INDEMNIFICATION LA_NGUAGE 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, Tipton Engineering has applied for approval of a
detailed plan for 15.413 acres of land located within Planned
Development District Six (PD-6), near the northwest corner of
Colorado Boulevard and San Jacinto Boulevard; and
WHEREAS, on July 12, 1995, the Planning and Zoning Commission
recommended approval of the requested zoning amendment; 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 Ordinance No. 69-35 (PD-6), providing appro-
val of a planned development zoning district classification and use
designation is hereby amended with respect to 15.413 acres of land
located therein, and more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, by adopting
the detail plan, attached hereto and incorporated herein as Exhibit
B for all purposes, in accordance with Division 2 of Article IV of
Chapter 35 of the Code of Ordinances.
SECTION II. 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 III. That the provisions of this ordinance as they
apply to the 15.413 acres described by Exhibit A govern and control
over any conflicting provision of Ordinance No. 69-35 or its
amendments, but all the provisions of Ordinance No. 69-35 or its
amendments as they apply to that remaining portion of the PD-6
zoning district classification and use designation not herein
amended, shall continue in force and effect and shall apply to the
remainder of said district.
SECTION IV. That a copy of this ordinance shall be attached
to Ordinance No. 69-35, showing the amendment herein approved.
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 ~ND APPROVED this /~ day of ~~ , 1995.
ATTEST: BOB CASTLEBERRY,~}~OR~'~.~
JENNIFER WALTERS, CITY SECRETARY
AP~oVE~As TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~<' .~-'~' i- .-'
FIELD NOTES
4141 .fid
BEING Lot 56 in Block A of The Oaks of Township II, an Addition to the City of Denton,
Denton County, Texas, according to the Plat thereof, recorded in Cabinet E, Page 13, Plat
Records, Denton County, Texas, together with Certificate of Correction recorded in Volume
1619, Page 587, and in Volume 1652, Page 130, Real Property Records, Denton County, Texas;
BEGINNING at the Northeast comer of the said Lot 56 in Block A of The Oaks of Township
II, also a poim on the South ROW line of Colorado Blvd., (a 70' ROW);
THENCE, S 62' 40' 39" E, along said Colorado Blvd., a distance of 111.90 feet to a 1/2" iron
rod found;
THENCE, along a tangent curve to the right having a central angle of 22' 28' 59", a radius of
1222.79 feet, a chord bearing of S 51' 27' 00" E, and an arc distance of 479.83 feet to a 1/2"
iron rod found;
THENCE, S 40' 11' 40" E, a distance of 160.00 feet to a 1/2" iron rod set;
THENCE, S 28' 53' 02" E, a distance of 152.97 feet to a 1/2" iron rod set;
THENCE, S 49' 48' 21" W, leaving said Colorado Blvd., a distance of 365.86 feet to a 1/2"
iron rod found;
THENCE, along a tangent curve to the right, having a central angle of 12' 49' 01", a radius
of 660.00 feet, a chord bearing of S 56° 12' 51" W, and an arc distance of 147.64 feet to a 1/2"
iron rod found;
THENCE, S 62' 37' 20" W, a distance of 764.87 feet to a 1/2" iron fod found;
THENCE, along a tangent curve to the right, having a central angle of 25' 48' 35", a radius
of 986.95 feet, a chord bearing of S 75' 31' 38" W, and an arc distance of 444.59 feet to a 1/2"
iron rod set;
THENCE, N 01' 34' 05" W, a distance of 130.00 feet to a 1/2" iron rod found;
THENCE, N 01° 18' 07" W, a distance of 60.00 feet to a 1/2" iron rod found;
THENCE, N 02' 23' 04" W, a distance of 149.70 feet to a point for comer;
THENCE, East a distance of 152.66 feet to a 1/2" iron rod found;
THENCE, N 76' 02' 04" E, a distance of 152.77 feet to a 1/2" iron rod found;
THENCE, N 62' 37' 21" E, a distance of 764.32 feet to a point for corner;
THENCE, N 27' 19' 21' E, a distance of 181.46 feet to a 1/2'~ iron rod found;
THENCE, N 44' 08' 44" W, a distance of 146.11 feet to a point for corner;
THENCE, N 62' 40' 39" W, a distance of 260.00 feet to a 1/2" iron rod found;
THENCE, N 27' 19' 21 '~ E, a distance of 305.00 feet to the PLACE OF BEGINNING and
containing 671,390 square feet or 15.413 acres of land.
ATTACHMENT 3
EXHIBIT C
As a condition of this planned development zoning classification
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 designate, 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.
INDEMNIFICATION:
THE VILLAS OF PINEY CREEK HOMEOWNERS ASSOCIATION, INC., (ASSOCIA-
TION) AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE
CITY OF DENTON, ITS OFFICERS, AGENTS, AND EMPLOYEES, AND ANY
GOVERNMENTAL ENTITY OR PUBLIC UTILITY COMPANY THAT OWNS PUBLIC
IMPROVEMENTS WITHIN THIS SUBDIVISION (INDEMNITEES) FROM ANDAGAINST
ANY ANDALL CLAIMS FOR DAMAGES TO PRIVATE 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 (INCLUDING DEATH)
THAT ARISE OUT OF THE USE OF THE PRIVATE IMPROVEMENTS BY THE
INDEMNITEES. THIS INDEMNIFICATION SHALL APPLY REGARDLESS OF
WHETHER A CONTRIBUTING FACTOR TO SUCH DAMAGES OR INJURIES WAS THE
NEGLIGENT ACTS OR OMISSIONS OF THE INDEMNITEES OR THEIR RESPECTIVE
OFFICERS, EMPLOYEES AND AGENTS.
THE ASSOCIATION AND EACH LOT OWNER AGREE TO RELEASE, INDEMNIFY AND
DEFEND THE INDEMNITEES FROM CLAIMS FOR DAMAGES TO PROPERTY AND
INJURY TO PERSONS (INCLUDING DEATH) THAT ARISE OUT OF ANYDEFECTIVE
CONDITION OF THE PRIVATE IMPROVEMENTS, OR THEIR USE BY ANY OTHER
PERSON.
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.
EXHIBIT C/PAGE 1