Loading...
1968-035NOTE This ordlncnace has been amended by ordinance 95-133 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1961, AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF TIlE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 61-19, AND AS SAME MAP APPLIEB TO CERTAIN PROPERTY KNOWN AS CITY LOTS 1-14, OF CITY BLOCK 274 E, AND CITY LOTS 1-14 OF CITY BLOCK 274 F, CITY LOT 53 OF CITY BLOCK 274, AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS~ AND MORE PARTICULARLY DESCRIBED HEREIN, A~D DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the Zoning Map of the City of Denton, Texas, 1961, adopted as a part of Parts II and III of ChBpter 13, of the Code of Ordinances of the City of Denton, Texas, under pro- v~s~ons of Ordinance No 61-19, be, and the same is hereby amended as follows All the hereinafter ~escr]bed property is hereby re- moved from the "R" - Dwelling District as shown on said map, and all provisions of Parts II and III of Chapter 13, in the Appendix to the Code of Ordinances of the City of Denton, Texas, as provided by Ordinance No 61-19, shall hereafter apply tosa~d property as "A-2" - Dwelling D~str]ct ~n the same manner as other property located in the "A-2" Dwelling District, All that certain lot, tract or parcel of land situated in the C~ty and County of Denton, State of Texas, known as City Lots 1-14 of City Block 274 E, City Lots 1-14 of City Block 274 F, City Lot 53 of City Block 274 being more particularly described as the remaining part of the R A Kerkse]ck Subd]wslon located along both sides of South Ruddell Street, extending 2000 feet south of East M~kory Street SECTION II 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 d~strlct and for Its peculiar suitability or particular uses, and w~th a v~ew to conserving the value of the buildings, protecting human lives and encouraging the most appropriate uses of land for the max- ]mum benefit ~ the City of Denton, Texas and its c~tlzens SECTION III That th~s ordinance shall be in full force and effect immediately after ~ts passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the C~ty of Denton, Texas, after giving due notice thereof PASSED AND APPROVED this ~ll~th day of December, A D 1968 J Z~KE MARTIN, MAYOR ~/ITY OF DENTON, TEXAS ATTEST CITY O'F DENTON, TEXAS APPROVED AS TO LEGAL FORM ORDINANCE NO ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR PLANNED 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 LANGUAGE 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, Tlpton Engineering has applied for approval of a detailed plan for 15 413 acres of land located wathln Planned Development District Slx (PD-6), near the northwest corner of Colorado Boulevard and San Jaclnto Boulevard, and WHEREAS, on July 12, 1995, the Planning and Zoning Commlssaon recommended approval of the requested zoning amendment, and WHEREAS, the Caty Council finds that the change in zoning wall be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordanance No 69-35 (PD-6), provldang appro- val of a planned development zoning district classlflcataon and use designation is hereby amended with respect to 15 413 acres of land located therein, and more particularly described an Exhibit A, attached hereto and incorporated herein by reference, by adoptmng the detail plan, attached hereto and Incorporated herean 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 Caty Manager, or thelr desagnates, are hereby authorized to review and approve as to form and compliance restrictive covenants and lndemnaflcatlon language contaaned within deeds and property assocaatlon bylaws, as provided ~n 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 Ordanance No 69-35 or Its amendments, but all the provisions of Ordinance No 69-35 or its amendments as they apply to that remaanlng portaon of the PD-6 zonang district classlfacatlon and use desagnataon not herein amended, shall continue an 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 provls~on of this ordlnance is violated shall constitute a separate and distinct offense SECTION VI That th~s ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary · s 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 ~ts passage PASSED AND APPROVED this /~ day of ~, 1995 BOB CASTLEBERRY, ~OR~...~ ATTEST / JENNIFER WALTERS, CITY SECRETARY AP~oVE~As TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY - FIELD NOTES 4141 fid BEING Lot 56 m Block A of The Oaks of Township II, an Addlnon to the C~ty of Denton, Denton County, Texas, according to the Plat thereof, recorded m Cabmet E, Page 13, Plat Records, Denton County, Texas, together with Certdicate of Correct~on recorded m Volume 1619, Page 587, and m Volume 1652, Page 130, Real Property Records, Denton County, Texas, BEGINNING at the Northeast corner of the said Lot 56 m Block A of The Oaks of Township II, also a point on the South ROW hne of Colorado Blvd, (a 70' ROW), THENCE, S 62 40' 39" E, along smd Colorado Blvd, a distance of 111 90 feet to a 1/2" ~ron rod found, THENCE, along a tangent curve to the right havmg a central angle of 22 28' 59", a radms of 1222 79 feet, a chord bearing of S 51 27' 00" E, and an arc d~stance of 479 83 feet to a 1/2" iron rod found, THENCE, S 40 11' 40" E, a d~stance of 160 00 feet to a 1/2" ~ron rod set, THENCE, S 28 53' 02" E, a d~stance of 152 97 feet to a 1/2" ~ron rod set, THENCE, S 49 48' 21" W, leaving sa~d Colorado Bird, a d~stance 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 radms of 660 00 feet, a chord bearing of S 56 12' 51" W, and an arc dtstance of 147 64 feet to a 1/2" iron rod found, THENCE, S 62 37' 20" W, a d~stance of 764 87 feet to a 1/2" ~ron fod found, THENCE, along a tangent curve to the right, hawng a central angle of 25 48' 35", a radms of 986 95 feet, a chord bearing of S 75 31' 38" W, and an arc d~tance of a.~.~. 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" ~ron rod found, THENCE, N 01 18' 07" W, a d~stance of 60 00 feet to a 1/2" ~ron rod found, THENCE, N 02 23' 04" W, a dtstance of 149 70 feet to a point for comer, THENCE, East a distance of 152 66 feet to a 1/2" tron rod found, THENCE, N 76 02' 04" E, a distance of 152 77 feet to a 1/2" ~ron 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 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 not~ce 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 C~ty Manager, or their designates THE VILLAS OF PINEY CREEK HOMEOWNERS ASSOCIATION, INC , (ASSOCIA- TION) AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HAP/~LESS 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 AND AGAINST ANY AND ALL 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 FUBTHER 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 ANY DEFECTIVE 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 DAMA(~ES 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