Loading...
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