1993-119:a:\ord\goldfild.ord
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 6.427 ACRES OF LAND LOCATED
WEST OF THE INTERSECTION OF PENNSYLVANIA DRIVE AND SOUTHMONT DRIVE,
AND IMMEDIATELY SOUTH OF ST. MARK'S CATHOLIC CHURCH; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Alan and Shirley Goldfield have applied for a change
in zoning for 6.427 acres of land from Agricultural (A) to Planned
Development (PD) Zoning District Classification and Use Designa-
tion; and
WHEREAS, on June 9, 1993, the Planning and zoning commission
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 6.427 acres of land comprising Lots 1 and 2,
Block A, A. Goldfield Addition is changed from Agricultural (A) to
Planned Development (PD) Zoning District Classification and Use
Designation under the comprehensive zoning ordinance of the City of
Denton, Texas.
SECTION II. That the Detailed Plan identified as Exhibit "A"
and attached hereto and made a part of this ordinance for all pur-
poses, providing for this PD District to be used for two single
family residential dwelling units and agricultural uses, is hereby
approved.
SECTION III. That the district shall be subject to the follow-
ing conditions:
1. That the security gate to be installed at the point South-
mont Drive deadends into this district shall not be per-
mitted or allowed unless the cul-de-sac reflected in Exhibit
"A" is abandoned by the City Council as requested by Appli-
cants.
2. The security gate shall be of a type which cannot mechani-
cally open or close against an obstruction or person and
shall otherwise be in compliance with the regulations of the
City's Building and Fire Codes.
3. That the security gate referenced above shall not be permit-
ted or allowed unless a covenant running with the land is
executed by the owners of the subject property and filed of
record which releases, indemnifies, defends and holds harm-
less the City of Denton from any liabilities or damages that
may arise by reason of the installation, maintenance, use or
nonuse of the security gate and fire lane. This covenant
shall be in a form agreeable to the Executive Director of
Planning and Development and the City Attorney.
4. The Police Chief or Fire Chief is authorized to require an
access system to be installed in an accessible location in
close proximity to the security gate to provide Fire and
Police Safety Personnel access to the property in case of a
public health or safety emergency. The system shall be of
a type approved by the Police or Fire Chief requiring same.
5. The fire lane providing access to the two dwelling units
must be constructed of materials that provide an all-weather
surface approved by the Fire Department.
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. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V.C. 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 the 6~,_ day of aU_Ao~ , 1993.
CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: L 4
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: PAGE 2
COVENANTS INDEMNIFYING AND HOLDING
THE CITY OF DENTON HARMLESS FROM DAMAGES
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Alan and Shirley Goldfield desire to rezone Lots 1
and 2, Block A, A. Goldfield Addition, in plat filed May 18, 19921
recorded at Cabinet I, Page 67, Plat Records of Denton County,
Texas, from Agricultural (A) to Planned Development (PD) Zoning
District Classification and Use Designation to allow the instal-
lation of a security gate in a manner not allowed by the present
zoning of the property; and
WHEREAS, the present configuration of the A. Goldfield Addi-
tion provides for a cul-de-sac (with a fence four (4) feet in
height) which allows easy access by public health and safety per-
sonnel of the City of Denton in case of an emergency; and
WHEREAS, the abandonment of the cul-de-sac and the installa-
tion of a security gate may impede or delay the delivery of emer-
gency services by the City of Denton;
NOW, THEREFORE, in consideration of the City of Denton
allowing the installation and maintenance of the security gate in
the A. Goldfield Addition, Alan and Shirley Goldfield and each
property owner and resident of the property in the A. Goldfield
Addition agree that all of the property encompassed within the A.
Goldfield Addition shall be held and shall be conveyed subject to
the following covenants and restrictions:
1. That the security gate shall be installed and maintained at
the cost and expense of the owners of the lots in this subdivision
and such owners shall not require the City of Denton to maintain
the security gate.
2. That the fire lane providing access from the security gate
to the improvements on the lots shall be maintained as an all-
weather surface and free of potholes.
3. That an access system be installed and maintained in an
accessible location in close proximity to the security gate to pro-
vide Fire and Police Safety Personnel access to the property in
case of a public health or safety emergency, if required by the
Police Chief or Fire Chief.
.a
4. Every owner of a lot in the A. Goldfield Addition and the
City of Denton, at its option, shall have the right to proceed in
Page 1
law and in equity to enforce compliance with and to enjoin viola-
tion of these covenants against any and all other owners of a lot
or lots in this Addition. Failure to promptly enforce any of the
covenants or restrictions herein shall not bar their enforcement.
In addition, any lot owner, or the City of Denton, at its option,
upon 30 day's written notice to the violating lot owner or owners
(non participating in repairs) and any lienholders of record, such
notice being effective as to the owner or owners upon mailing to
the owners as shown on most recent tax roll used by the City of
Denton or by actual notice and as to the lienholder by mailing to
the lienholder at an address shown on the recorded document creat-
ing the lien or by actual notice, may perform any maintenance re-
quired by these covenants and restrictions and assess the propor-
tional costs of said maintenance against the lot owner or owners
(non participating in repairs) of any lot or lots in this subdivi-
sion and such cost shall be the personal obligation of the owner or
owners failing to maintain their proportional responsibility for
the private improvements and shall be a lien against the property
of such owner or owners.
5. Alan and Shirley Goldfield and each owner or resident of a
lot in the A. Goldfield Addition or in this PD District agrees to
and is bound to fully release, discharge, acquit, indemnify, hold
harmless, and defend, the City of Denton, its elected officials,
officers, employees and agents, from and against all claims (in-
cluding subrogation claims) and suits for damages, injuries to
persons (including death), property damage, losses, and expenses
including court costs and attorneys' fees, arising out of or re-
sulting from the existence, condition, or location of the security
gate, or from the fact that on any particular occasion the gate was
or was not open, shut, locked, or unlocked, or from any delay in
opening, shutting, locking, or unlocking the security gate, includ-
ing all such causes of action based upon common, constitutional, or
statutory law, or based, in whole or in part, on the alleged negli-
gence of the City of Denton, its elected officials, officers, em-
ployees, or agents.
6. These covenants and restrictions herein set forth shall run
with the land and be binding on the owners, their successors and
assigns and all parties claiming by, through and under them shall
be taken to hold, agree and covenant with the owners and their
successors in title, and with each of them, to conform to and ob-
serve all restrictions and covenants herein, and said covenants and
restrictions shall survive any replatting of a part of this pro-
perty. Upon replatting of all or part of this property, the City
of Denton may require any lawful similar or additional restrictions
and covenants as it may see fit.
7. These covenants and restrictions shall be considered waived
during any period of time that the security gate is removed and un-
Page 2
restrained access to the property is provided the City of Denton's
Police and Fire Safety Personnel.
8. The owner or owners of A. Goldfield Addition hereby agree
and recognize that the entire addition is benefitted by permitting
the City of Denton the option to enforce these covenants and re-
strictions and that the City of Denton benefits by being able to
enforce maintenance of these private improvements without incurring
public expense and these facts, in conjunction with those set forth
in the preamble to this document, constitute sufficient and valid
consideration between the City of Denton and the owner or owners of
the property in the A. Goldfield Addition.l
EXECUTED AS OF THIS l 2/ day of ✓q , 1993.
Alan Goldfi c Shirley G e
Owner of Lots4 and 2 Owner of ots 1 an 2
A. Goldfield Addition A. Goldfield Addition
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the t3k day of
TIALY 1993, by Alan and Shirley Goldfield.
BEVERLY CLINE
W COMMISSION EXPIRES
June 9. low
Notary Public in and for
State of Texas
AFTER RECORDING RETURN TO:
Debra A. Drayovitch
City Attorney
215 East McKinney
Denton, Texas 76201
Page 3
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COUNTYCLERK
DENTON COI!~`TY•TtY.aS
Filed for Record ins
DENTON COUNTY, TX
HONORABLE TIM HODOES
/COUNTY CLERK
On 1993/07/26
At 11s40A
Numbers 93-°R0049760
Typo I MDO 13.00
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