1988-205NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
CORRECTION OF THE ERRONEOUS DESIGNATION OF 9 2 ACRES OF LAND AS A
SINGLE FAMILY (SF-10) ZONING DISTRICT AS CONTAINED IN ORDINANCE NO
73-25 AND NO 73-27, BY AMENDING THOSE ORDINANCES TO PROVIDE FOR
THE CORRECT DESIGNATION OF THE 9 2 ACRE TRACT AS A PLANNED
DEVELOPMENT (PD) ZONING DISTRICT FOR GENERAL RETAIL USE, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in 1973, Alden Wagner and John Avinger were the
owners of approximately 71 acres of property located at the
southwest corner of (old) Hobson Lane and F M Road 2181 (Teasley
Lane), 12 acres of which were then located within the corporate
limits of the City of Denton, and
WHEREAS, in 1973 the owner requested that 59 acres of its
property located outside the city limits be annexed, that 9 2 acres
be zoned Planned Development for general retail (GR) use, and the
remainder be zoned for single family (SF-10) use, and
WHEREAS, the minutes of the meeting of August 15, 1973, of the
Planning and Zoning Commission reflect that the Commission, after
a public hearing, recommended approval of the request, and
WHEREAS, the minutes of the meeting of September 4, 1973, of
the City Council reflect that the City Council, after a public
hearing, approved the request with directions to prepare the
necessary ordinances, and
WHEREAS, Ordinance No 73-25 and No 73-27, presented to and
approved by the Council, respectively provided for a Single Family
(SF-10) District zoning designation for all 71 acres, and
WHEREAS, the City Council finds that the language respectively
contained in Ordinance No 73-25 and No 73-27, incorrectly
reflects that all of the property described therein was intended
to be designated as a Single Family (SF-10) District, when in fact
9 2 acres of the land was intended to be zoned Planned Development
(PD) for general retail use, and
WHEREAS, the City Council wishes to correct Ordinance No 73-
25 and No 73-27, to reflect the action intended to be taken but
erroneously shown in those ordinances, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That Ordinance No 73-25 and Ordinance No 73-
27, insofar as they respectively provide for a Single Family (SF-
10) District Classification and Use Designation for the 9 2 acres
described in Exhibit "A", attached hereto and incorporated herein
by reference, are hereby amended and corrected to show the property
as Planned Development (PD) District Classification and Use
Designation for general retail use
SECTION II That Ordinance No 73-25 and Ordinance No 73-
27, are further amended and corrected to show that the "Preliminary
Plan", described as Exhibit "B", attached hereto and incorporated
herein by reference, which was submitted and approved for the
acreage described in Exhibit "A", was and is the approved site plan
for that acreage
SECTION III. That the Zoning Map of the City of Denton,
Texas, adopted the 14th day of January, 1969, as an Appendix to the
Code of Ordinances of the City of Denton, Texas, under ordinance
No 69-1, as amended, shall, insofar as necessary, be revised to
show the corrections herein approved
SECTION IV That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the ~ ~ day of d 1988
LIX-
RAY S HENS MAYOR
ATTEST /
ERS, CITY SECRETARY
N
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
HOBSON ESTATES/Page 2
EXHIBIT "A"
BEING part of the tract of land conveyed to T L Caruthers by
R M Evers as recorded in Volume 446, Page 291, Deed Records of
Denton County, Texas, the same being in the Cyprian Poullalier
Survey, Abstract No 1006 and being more particularly described
as follows
COMMENCING at the northwest corner of said tract, said point
being in the south line of F M Road 2181 (a 90 foot right of
way),
THENCE South 89 degrees 34 minutes 16 seconds East, 573 84 feet
to the beginning of a curve to the right, having a central angle
of 10 degrees 01 minutes 38 seconds and a radius of 674 25 feet,
THENCE along said curve and said south line of F M Road 2181,
118 00 feet to the point of beginning, said point being in a
curve to the right, having a central angle of 78 degrees 51
minutes 22 seconds, a radius of 674 25 feet and a tangent
bearing of South 79 degrees 32 minutes 38 seconds East,
THENCE along said curve and said southwesterly line of F M Road
2181, 927 97 feet to the end of said curve,
THENCE South 0 degrees 41 minutes 16 seconds East, 293 21 feet
along the said west line of F M Road 2181,
THENCE South 89 degrees 18 minutes 44 seconds West, 493 17 feet,
THENCE North 0 degrees 41 minutes 16 seconds West, 504 70 feet,
THENCE north 23 degrees 54 minutes 01 seconds West, 126 27 feet,
THENCE north 0 degrees 41 minutes 16 seconds West, 334 00 feet
to the POINT OF BEGINNING and CONTAINING 9 212 acres of land
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PRELIMINARY PLAN
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