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1985-1191114L Note Amended by Ordinace 86-51 NO S" AN ORDINANCE AMENDING A PLANNED DEVELOPMENT DISTRICT TO PROVIDE FOR AN AMENDED SITE PLAN THEREFOR, PURSUANT TO THE PROVISIONS OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS AS SAID SITE PLAN APPLIES TO APPROXIMATELY 129 ACRES OF LAND OUT OF THE MCCRACKEN SURVEY, ABSTRACT 817 LOCATED ADJACENT AND EAST OF SHERMAN DRIVE AND ADJACENT AND NORTH OF KINGS ROW STREET, DECLARING A PENALTY THEREFORE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the zoning classification and use designation of the property described as Exhibit "A" attached hereto and made a part hereof for all purposes, having been previously designated as a Planned Development District under the provisions of Ordinance No 85-15, passed and approved on the 15th day of January, 1985, in accordance with the provisions of Article 11, Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas is hereby amended to provide for a revised comprehensive site plan for a portion of the development SECTION II The conditions and restrictions applicable to the property described herein and imposed therein by Section IV of Ordinance No 85-15 are expressly retained and not amended by this ordinance SECTION III That a portion of the comprehensive site plan for the Planned Development District approved and adopted by Ordinance No 85-15, applicable to the herein described property, is hereby amended in accordance with the comprehensive site plan attached hereto and the use of said property shall be hereafter in accordance with such amended site plan SECTION IV That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens SECTION V Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200 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 ordinance is committed, or continued, PAGE 1 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 City 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 19' day of , 1985 MAYOR 4-A 1J'dv ze~ CITY OF DENTON, TEXAS ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY if /D~C!a. 2//_~J~(5~20LcirAGi . PAGE 2 ISNIDIT "A" All these nrtalu true or pergola of 3804 elevated is she calmly Of beaten, state of Taxes, bolas described l0 two trasts as failawa, to-Vitt FIRST TRACrt A31 that cerssia trot er parcel et land situated is the Unesl betassieaNPC urvo a (called)l153 $63Cansytractedescribed to a lead from touny Turner, ?rutted, to Georgia Nude Aksis Moue and WIGS Martin Nilson on Febrwrl~ 3, 1976 regarded is VOIu 773, Pala 903, Deed Records of beaten County. Tease end bliss more fully described as folios: i1SINNING at the Nest Sesthvest serner of said 133 i61 asps trot at the laersatlen of the middle d a branch With the losterl1 ptus of way of F N Nlc~heey 431, veolN/NM1 31,384&le00 andLnear►a togatorly a dlissome of 15;4 0t tea too steel pis u the Seashell right of Vey of a tract for pre end deep 391 a doscriba4 !a o deed tree Gurole wands A~ors Massey. at a. to the teal e[ toss$ and eesMod is relumo 1033, pep 361, Dead Records of Dante* Cams rt 7MIMC3 Southeasterly with the South boundary list of aald Proposed Left !S6 te t913ovio` I burls 9 end distance$ (1) N 740 11' 09 1 60 71 lost (I) s ISO Ss' 31" E 176 39 toot, (3) S 600 38' I3" i 331 46 tat, (4) S 630 06' 51" 1 110 It toot= (S) 1 630 00' Oft s 403 it feet, 161 3 160 If, 07" 1 400 0 fat, and (7) 1 So* 031 31," 1 I 07 tat to a steel pia so the sea boundary lase said 113 163 acre tract and of lid McCracken Survey, THINCI S 31 17' a9" west a disessa• of 2233 Is feet to e steel PLO at the Southeast goresr 0f said tract and of sold Mccro9ken surrey seer a turn in Ringo Raw; THIMCI N 170 O1' 34" West with the South boundary line of the McCracken Survey in Llo$$ Ao 0 distance of $s6 is test to the South southwest gamer as the 193 $63 acre trots in the middle of a brought TNSNC1 N 3. 13' 36" last 100 31 toot to the beginning of a cwrret THINGS Northwesterly around o scone to the loll having a central eng3e of ISO 031, a chord of N 410 as' 04" Nest IS do test, a radius of 6o 0 lost and as *to length of 93 21 toot to the and Of acid survey THINCI N tl0 47' 34" west 166 33 toot to a corner in th0 middle of said branch, THINCI Northwesterly around a curve to the ri `ht having a central Oalle of $30 16' a chord of M 19. 39' 14 West $9 77 toot, a radius of lot It toot, and as arc length of 92 96 feet to the gad of said curve, THINCI N 330 31' 34" Most 730 64 toot to a corner in said breath TNANCI N 390 31' 34" west 314 94 foot to a corner in said branch, TNINCI M 330 31' 34" Nest 613 17 toot to a corner in said brought THINCI N 330 45' 34" Nut It 0 foes to the Place of leglunial and costalalq in all 103 761 sass of land it ORNIAIT "A" "ataneassee All teat Geresim Ines or "reel At land aitgoted in the $aeual N6Crsstsa server A 117. "atom Count Texas being Art of A (691104) 153 103 Gore trust deesviled in a deed ;rgo Temp Turner, Trusts, to 04111704, end G Ahere Naseey amd Nolen Nsitia wilsem on O0i7w9ry 3. 1070 resardad in volume 171, page 983, Dead ROwrds of said aunty Sao being Rare talidescribed as follwsN CONwNtNC3100 as the Northwest goner of said 113 303 am trust at the intersection It the 243%0711 risghes of way of ► N. N; hway 430 With the a"W of martso Otold Read ror at /NNf XigAwy3438 0 iitasso of 631g63tfeet to atsteel •&a aTHUM fes37' 1P 23"it4i1 3 distanea of Oft 01 feet to a steel is go the Mat baw4ary lia0 11f eha 113 103 sets .......S r--- - - ..e. at ljj3 r Iline of a!1 tweet aid ef said !ants! • distance of 1373 0 tees to a asst Pis se the North boundary line of a erect for P7e1e546 Leap 311 as described in a deed from Coergia Wands Ahern weeny, at at to the state of Texas and recorded in Volume 1033, page 313, D}i~ed Rogerds of Oestan county PropoeLLos, 381 us to lerisg I4,bootlegs andadistances 100 0 feet. (3)300 40es446 43"e1t,44d)41 feet 1(4)1N lie 41' t1" N 147 Of loot, and (t) N 310 40' 17" R 74 43 toot to a steel yin as the wet westerly boundary line of the 113 163 sere tract and an the fastorly right of way of / N Nighva431' TWri , N son s/- 40" asst with said right e! War •l eng and sear a (once a distance of 133 31 test to the Piaee of seglaalag and smataising in all 33 477 ogres of land a I&#* 1111Milly Aa~l! ~~l~ ~r ~a r°SEE os ~ ;e 3 6 1330L NO R~ ~L AN ORDINANCE AMENDING ORDINANCE NO 85-119 TO PROVIDE FOR A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY THEREBY REZONED, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON$ TEXAS, HEREBY ORDAINS SECTION I That Section I of Ordinance No 85-119, is hereby amended to correct an error in the legal description of the property thereby rezoned, so that the legal description contained in Section I of Ordinance No 85-119 shall hereafter read as is shown on Exhibit "A", attached hereto SECTION II That a copy of this ordinance shall be attached to Ordinance No 85-119 so as to show the correction hereby made SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the -,~i- day of 1986 CI Y OFD TON, TEXAS ATTEST LOTTE -#LLEN9 CITY AM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON TEXAS EXHIBIT A 3 7 PROPERTY DESCRIPTION NORTH PARCEL FIELD NOTES TO PD-90 1 Being all of that certain lot tract or parcel of land situated in the Samuel McCracken Survey, Abstract 817, City of Denton, Denton County, Texas, and being more particularly described as follows BEGINNING at a 3/4' iron rod for corner at the present intersection of the North right-of-way line of State Highway Loop 288 (a variable width right-of-way) with the East right-of-way line of Sherman Drive (FM 428 - a 100'1 right-of-way); THENCE North 28051147" East, 528 29' with the East line of Sherman Drive to a 3/4' iron rod at the Southwest corner of the Massey 6 Wilson property; THENCE South 89052'51' East, 999 22' with the South line of said tract to a 1/2' iron rod for corner in common East line of the McCracken Survey and West line of the H B Williams Survey, Abstract 1417, THENCE South 01048151" West, 1,372 58' with said common survey line to a 3/4' iron rod for corner in the North line of State Highway Loop 288, THENCE North 52018'12' West, 357 16' with the North line of the highway to a 5/8"I iron rod for corner, THENCE North 58000'59' West, 500 00' with the North line of the highway to a 5/801 iron rod for corner; THENCE North 51035'11" West, 446 48' with the North line of the highway to a 5/801 iron rod for corner; THENCE North 58043'35" West, 147 69' with the North line of the highway to a 5/8" iron rod for corner THENCE North 20043'38" West, 79 11' with the North line of the highway to the place of beginning and containing 1,110,879 143 square feet or 25,5023 acres of land 0059k Z-1745 38 PROPERTY DESCRIPTION SOUTH PARCEL FIELD NOTES TO PD-90 1 Being all of that certain lot tract or parcel of land situated in the Samuel McCracken Survey, Abstract 817, City of Denton, Denton County, Texas, and being more particularly described as follows BEGINNING at a 3/4" iron rod for corner at the present intersection of the South right-of-way line of State Highway Loop 288 (a variable width right-of-way) with the East right-of-way line of Sherman Drive (FM 428 - a 100' right-of-way); THENCE North 72014137" East, 67 83' with the South line of State Highway 288 to a 3/4' iron rod for corner; THENCE South 58043135" East, 136 29' with the South line of the highway to a 5/8' iron rod for corner; THENCE South 62031128" East, 254 46' with the South line of the highway to a 5/8' iron rod for corner; THENCE South 64001131" East, 191 05' with the South line of the highway to a 5/8' iron rod for corner; THENCE South 65008129' East, 403 11' with the South line of the highway to a 5/8' iron rod for corner, THENCE South 58000'59" East, 400 00' with the South line of the highway to a 5/8' iron rod for corner; THENCE South 59055132' East, 216 66' with the South line of the highway to a 3/4" iron rod for corner in the common East line of the McCracken Survey and West line of the James Coltart Survey, Abstract 288; THENCE South 01048'51' West, 2,231 77' with the common line of said surveys to a 1/2" iron rod at the Northeast corner of the John Carter Survey, Abstract 274, and in Kings Row (no recorded right-of-way width), THENCE North 88038133" West, 867 89' with the common line of the Carter and McCracken Surveys and with Kings Row to a nail at the Southeast corner of the Massey property; THENCE North 00017100' East, 105 06' to a point for corner in a ditch and at the beginning of a curve to the left having a central angle of 88003100" and a radius of 60 001; THENCE around said curve and with the ditch and the East line of the Massey property, a distance of 92 21' to a point for corner, Z-1745 39 FIELD NOTES PD-90 1 Page Two THENCE North 87046100' West, 166 53' with the ditch and North line of the Massey property to a point for corner in the Northeast line of Cambridge Square Subdivision, an addition to the City of Denton, Texas, and at the beginning of a curve to the right having a central angle of 520161000 and a radius of 101 91'; THENCE around said curve and with the ditch and Northeast line of the subdivision, a distance of 92 97' to a point for corner; THENCE North 35030100" West, 738 68' with the ditch and Northeast line of the subdivision to a point for corner, THENCE North 31030100" West, 214 94' with the ditch and Northeast line of the subdivision to a point for corner; THENCE North 35030100' West, 653 17' with the ditch and Northeast line of the subdivision to a point for corner, THENCE North 57021'00' West, 81 25' with the ditch and Northeast line of the subdivision to a point for corner in the East line of Sherman Drive, THENCE North 28051147' East, 1,571 70' with the East line of Sherman Drive to the place of beginning and containing 4,537,765 64 square feet of 104 1728 acres of land 0059k Z-1745