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1987-224 2041L AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1, AS AMENDED, AS SAID MAP APPLIES TO 23 ? ACRES OF LAND, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF AN HISTORIC DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 28A OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES, SAID DISTRICT TO BE KNOWN AS THE OAK-HICKORY HISTORIC DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THERE- OF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in accordance with the provisions of Article 28A of Appendix B-Zoning of the Code of Ordinances, the H~storlc Land- mark Commission, after preparing it report thereon, including a district preservation plan, has recommended the creation of the Oak-H~ckory Historic Dlstr~ct for the area therein described, and WHEREAS, on October 1S, 1986, the Planning and Zoning Comml$$1on~ after receiving the report and recommendation of the H~storlc Landmark Commission, held a public hearing thereon, and recommended creation of the proposed historic d~str~ct for the area there~n described, and WHEREAS, on November 4, 1986, the City Councxl, after receiving the report and recommendation of the H~stor~c Landmark Commission and Planning and Zoning Commission, held a public hearing on the creation of the proposed hxstorxc d~str~ct for the area therein described, and WHEREAS, after recexvlng the report and recommendation of the H~storxc Landmark Commission to ~nclude add~txonal propertxes within the proposed dxstr~ct, the Planning and Zoning Commxssxon, on January 18, 1987, held a public hearxng thereon, and recom- mended approval of the addxt~onal propertxes wxth~n the proposed dlstr~ct, and WHEREAS, after receiving the report and recommendation of the H~stor~c Landmark Commxsslon and the Plannxng and Zoning Commis- sion to xnclude addltxonal properties w~thxn the proposed d~str~ct, the City Council, on February 17, 1987, held a public hearing thereon, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the 23 37 acres of land described xn Exhibit "A", attached hereto and Incorporated herein by reference, are designated as an historic dlstr~ct ~n accordance with the provisions of Article 28A of Appendix B-Zonxng of the Code of Ordxnances SECTION II That the historic district herein created shall be known as the Oak-Hickory Historic D~strict SECTION III That all buildings, structures, sites, and properties within the designated D~strlct shall be subject to the restrictions, limitations, and provisions of Article 28-A of Appendix B-Zoning of the Code of Ordinances SECTION IV 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, is hereby further amended to show the property herein described as an historic district, by showing thereon the suffix "H" for such d~strlct designation, which designation shall be in addition to any other zoning classification designated for sa~d property as shown thereon SECTION V Any person who shall violate a provision of this ordinance, or falls to comply therewith or with any of the requirements thereof, or of a permit or certificate Issued there- under, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordi- nance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION VI That this ordinance shall become effective fourteen (14) days from the date of its passage, and the C~ty Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the ~ day of~, 1987 ATTEST ER-/[VALTERS, C-ITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAbiI DRAYOVITCH, CITY ATTORNEY EXHIBIT "A" COLEMAN & A OC. URV;=YIN[3 412 S CARROLL BLVD · P O BOX 686 · DENTON, TEXAS 76202-0686 · (817) 565'8215 DESCRIPTION OF THE PROPOSED DENTON HISTORICAL DISTRICT FIELD NOTES to all that certain tract of land situated in the E Puchalski Survey Abstract Number 996 and the William Netll Survey Abstract Number 971 in the City and County of Denton, Texas and being parts of the W H Mounts Addition, the Carroll Park Addition and the McKennon Addition plus other lands bounded on the South by West Hickory Street, on the East by Williams Street, on the West by Welch Street and on the North by Gregg and Pearl Streets, the subject tract being more particularly described as follows BEGINNING for the Northwest Corner of the tract being described herein at the Northwest Corner of Lot 4 of the W H Mounts Addition as shown on the plat thereof recorded in Volume 35 Page 383 of the Deed Records of Denton County, Texas and being in the monumented South line of Gregg Street (formerly Mounts Avenue) at its intersection with the East line of Fulton Street, the said point also being the Northwest Corner of that certain tract of land described in the Deed from George M Hopkins to Delta Sigma Phi Fraternity recorded in Volume 816 Page 394 of the Deed Records of Denton County, Texas, THENCE South 89 Degrees 16 Minutes 06 Seconds East with the North line of the said Mounts Addition and the monumented South line of the said Gregg Street a distance of 503 03 feet to an iron rod found at the Northwest Corner of that certain tract of land described in the Deed from Dale Irwin to Marion F DeShazo recorded in Volume 616 Page 655 of the Deed Records of Denton County, Texas, THENCE South O0 Degrees 36 Minutes 28 Seconds East with the West line of the DeShazo Tract a distance of 77 34 feet to an iron rod found at the Southwest Corner thereof, THENCE South 88 Degrees 01 Minutes 05 Seconds East with the South line of the DeSbazo Tract passing its Southeast Corner and continuing along the same course, in all, a total distance of 129 83 feet to an iron rod found at the Southeast Corner of that certain tract of land described in the Deed from R Jack Price et ux to Donald R Vrana et ux recorded in Volume 540 Page 3~0 of the Deed Records of Denton County, Texas, THENCE North 00 Degrees 25 Minutes 26 Seconds East with the East line of the said Vrana Tract and the apparent East line of the said Puchalski Survey, same being the West line of the said Neill Survey, a distance of 79 10 feet to an found 'X' in concrete for the Northeast Corner of the said Vrana Tract in the monumented South line of Gregg Street, THENCE Sou~h 89 Degrees 08 Minutes 25 Seconds East continuing with the monumented~South line of Gregg Street a distance of 185 24 feet to an iron rod found at th~ Northwest Corner of the called 5th Tract described in the Deed from Harry T Riney to Harry Riney Enterprises, Inc recorded in Volume 1054 Page 308 of the Real Property Records of Denton County, Texas, page 2 THENCE South 00 Degrees 36 Minutes 48 Seconds West with the West line of the Rlney Tract a distance of 54 40 feet to the Southwest Corner thereof, THENCE South 89 Degrees 04 Minutes 31 Seconds East with the South line of the Riney Tract a distance of 86 1 feet to the Southeast Corner thereof in the monumented West line of Mounts Avenue, THENCE North 00 Degrees 36 Minutes 48 Seconds East with the West line of Mounts Avenue and the East line of the said Riney Tract a distance of 54 49 feet to the Northeast Corner thereof in the monumented South line of the said Gregg Street, THENCE South 89 Degrees 15 Minutes 47 Seconds East with a line crossing Mounts Avenue and continuing along the South line of Gregg Street, crossing Denton Street, in all, a total distance of 440 05 feet to a point in the mouumented East line thereof and the apparent West line of that certain tract of land described in the Deed from Celia Sankey et ux to Alonzo W Jamison, Jr recorded in Volume 352 Page 209 of the Deed Records of Denton County, Texas, THENCE North O0 Degrees 15 Minutes 29 Seconds West with the monumented East line of Denton Street a distance of 312 98 feet to a point for the Northwest Corner of Lot 10 of Block 1 Carroll Park Addition as shown on the plat thereof recorded in Volume 75 Page 170 of the Deed Records of Denton County, Texas, THENCE South 88 Degrees 59 Minutes 34 Seconds East with the the monumented North line of the said Block 1 and the South line of Pearl Street a distance of 238 75 feet to an iron rod found at the Northeast Corner of that certain tract of land described in the Deed from Louise M Maxwell to James F Hayes recorded in Volume 981 Page 428 of the Real Property Records of Denton County, Texas, and being 30 0 feet East of the Northwest Corner of Lot 6 of Carroll Park Addition, THENCE South 00 Degrees 44 Minutes 30 Seconds West with the East line of the Hayes Tract a distance of 175 22 feet to an iron rod found at the Southeast Corner thereof, THENCE North 89 Degrees 28 Minutes 48 Seconds West with the South llne of the Hayes Tract a distance of 31 67 feet to a 4 inch steel fence corner post at the Northeast Corner of that certain tract of land described in the Deed from James A Barton et ux to Brandy Lee Stein et ux recorded in Volume 917 Page 697 of the Real Property Records of Denton County, Texas, THENCE South 01 Degrees 19 Minutes 44 Seconds West with the apparent East line ef the Stein Tract at 105 feet more or less passing its Southeast Corner and the Northeast Corner of that certain tract of land described in the Deed from Charles S Barton et ux to James D Swanson et ux recorded in Volume 907 Page 773 of the Real Property Records of Denton County, Texas and continuing along the said course with the East line of the said Swanson Tract, in all, a total distance of 333 95 feet to an iron rod found at the Southeast Corner thereof in the monumented North line of West Oak Street, page 3 THENCE South 15 Degrees 15 Minutes O0 Seconds West crossing West Oak Street a distance of 57 85 feet to the Northeast Corner of that certain tract of land described in the Deed from Willie E Wilkerson et al to Linde Lavender recorded in Volume 957 Page 794 of the Real Property Records of Denton County, Texas, the said point also being the apparent Northwest Corner of Lot 2 of the McKennon Addition as shown on the plat thereof recorded in Volume J Page 438 of the Deed Records of Denton County, Texas, THENCE South 01 Degrees 01 Minutes 14 Seconds West with the East line of the Lavender Tract a distance of 161 36 feet to an iron rod found at the Southeast Corner thereof and the apparent Northwest Corner of that certain tract of land described in the Deed from Mark Hannah to Sally Hannah Mudd et ux recorded in Volume 620 Page 607 of the Deed Records of Denton County, Texas, THENCE South 89 Degrees 14 Minutes 01 Seconds East crossing Lot 2 with the South line of the Lavender Tract a distance of 113 00 feet to the Southeast Corner thereof in Williams Street, THENCE South 00 Degrees 26 Minutes 37 Seconds West along Williams Street with the East line of the said Mudd Tract a distance of 159 65 feet to the Southeast Corner of the said Lot 2 in the monumented North line of West Hickory Street, THENCE North 89 Degrees 19 Minutes Ol Seconds West with the North line of West Hickory Street and the South line of the said McKennon Addition a distance of 1017 04 feet to the Southwest Corner thereof in the West line of the said Wm Neill Survey, same being the East line of the said Puchalski Survey, THENCE North 89 Degrees 07 Minutes 50 Seconds West continuing with the North line of Hickory Street as monumented a distance of 822 35 feet to the Southwest Corner of that certain tract of land described in the Deed from Felix W Callahan to Bob E Tripp recorded in Volume 1711 Page 467 of the Real Property Records, said corner being in the apparent East line of Welch Street, THENCE North 00 Degrees 34 Minutes 14 Seconds West along the East line of Welch Street with the West line of the Tripp Tract a distance of 321 67 feet to the Northwest Corner thereof in the monumented South line of West Oak Street, THENCE South 89 Degrees 18 Minutes 41 Seconds East along the South line of West Oak Street and the North line of the said Tripp Tract, at 170 0 feet passing the Northeast Corner thereof and continuing along the same course, in all, a total distance of 205 00 feet to a point for a re-entrant corner of the herein described tract, page 4 THENCE North 00 Degrees 36 Minutes 44 Seconds East with a line crossing West Oak Street, at 60 3 feet passing an iron rod found at the Southwest Corner of the above mentioned Lot 4 of the said Mounts Addition and conttRuing along the same course with the West line of the said lot and the East line of Fulton Street, in all, a total distance of 253 41 feet to the PLACE OF BEGINNING and enclosing 23 37 acres of land These Field Notes were prepared from a survey made on the ground under my direction and supervision during July, 1987 William M Coleman, R P S No 4001 Date 87177Jd3 FULTON m . m AMANILLO , ~NTi ~ I DINTON BLVD. EXHIBIT "B" /~\ ./