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