2010-253sAlegal\our documents\ordinances\10\z10-0008.doe
ORDINANCE NO. 2010-253
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN TO
ALLOW A PUBLIC PARK LOCATED ON 15.378 ACRES WITHIN THE PRESERVE PLANNED
DEVELOPMENT DISTRICT (PD 132), GENERALLY LOCATED SOUTH OF LAKEVIEW
BOULEVARD AND NORTH OF THE EXISTING DENTON BRANCH RAIL TRAIL; AND
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (Z10-0008).
WHEREAS, on October 18, 1988, the City Council established the Southview Planned
Development District (PD-132), including concept plan approval for the entire 414.9 acres. (Z-
1861); and
WHEREAS, onNovember 17,1998, the City Council passed Ordinance Nos. 98-393 and 98-
394, which rezoned 15.088 acres of land from the Agricultural (A) zoning district and use
classification, merged it into the PD-132 planned development, amended the concept plan for the
combined 427.616 acres therein, and renamed it as the Preserve Planned Development (PD-132); and
WHEREAS, the City of Denton Parks and Recreation Department, has applied for the
approval of a Detailed Plan to allow a public park on approximately 15.378 acres of land within the
Preserve Planned Development District (PD-132), legally described in Exhibit "A", attached hereto
and incorporated herein by reference (the "Property"), and as defined by Exhibit "B", attached hereto
and incorporated herein by reference; and
WHEREAS, on September 8, 2010, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested Detailed Plan; and
WHEREAS, the City Council finds that the Detailed Plan is consistent with the Denton Plan,
and Chapter 35, Article IV, of the Denton Code, as well as the previously amended Concept Plan;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The Detailed Plan, attached hereto and incorporated herein by reference as
Exhibit "B", is hereby approved for the Property, which is legally described in Exhibit "A", attached
hereto and incorporated herein by reference.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
sAlegal\our documents\ordinances\10\z10-0008.doc
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. 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, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the .6 ~ day of , 2010.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
sAlegallour documentslordinances1101z10-0008.doc
Exhibit A
Being a part of the GIDEON WALKER SURVEY, ABSTRACT No. 1330, and being all of that 15.378
acre tract of land described as Tract 2 conveyed to Lumbermen's Investment Corporation as recorded in
Clerk's Document Number 2005-116256, Denton County Deed Records, and being further described as
follows:
BEGINNING at a one-half inch iron rod found at the southeast corner of Lot 1, Block 22, The Preserve at
Pecan Creek, an addition to the City of Denton as recorded in Cabinet R, Slide 366, Denton County Plat
Records, said point being in the northeast line of a tract of land conveyed to the City of Denton as recorded
in Clerk's Document Number 93-R0058485, Denton County Deed Records;
THENCE with the west line of said 15.378 acre tract and with the east line of said Lot 1, Block 22 as
follows:
North 14 degrees 38 minutes 30 seconds East, 85.30 feet to a one-half inch iron rod with "JBI
Partners" yellow cap set for corner;
Northeasterly, 904.04 feet with a curve to the right having a central angle of 54 degrees 31 minutes
26 seconds, a radius of 950.00 feet, a tangent of 489.53 feet, whose chord bears North 41 degrees 54
minutes 13 seconds East, 870.31 feet to a one-half inch iron rod found for corner;
North 69 degrees 09 minutes 56 seconds East, 293.21 feet to a one-half inch iron rod found for
corner;
Northeasterly, 275.00 feet with a curve to the left having a central angle of 10 degrees 09 minutes
56 seconds, a radius of 1550.00 feet, a tangent of 137.87 feet, whose chord bears North 64 degrees 04
minutes 58 seconds East, 274.65 feet to an "X" found in concrete;
North 59 degrees 00 minutes 00 seconds East, 263.96 feet to a one-half inch iron rod found for
corner;
Northeasterly, 500.23 feet with a curve to the left having a central angle of 34 degrees 31 minutes
53 seconds, a radius of 830.00 feet, a tangent of 257.97 feet, whose chord bears North 41 degrees 44
minutes 03 seconds East, 492.69 feet to a one-half inch iron rod found for corner;
North 24 degrees 28 minutes 07 seconds East, 89.43 feet to a one-half inch iron rod found for
corner, said point being the most northerly corner of said 15.378 acre tract, said point being in Swisher
Road (variable width right-of-way), said point also being in the west line of an 8.807 acre tract of land
conveyed to Lumbermen's Investment Corp. as recorded in Clerk's Document No. 2005-116256, Denton
County Deed Records;
THENCE South 03 degrees 18 minutes 39 seconds West, 608.85 feet with an east line of said 15.378 acre
tract and with Swisher Road to a one-half inch iron rod with "JB PartnersI" yellow cap set for corner, said
point being the northeast corner of The Preserve at Pecan Creek, Section B, an addition to the City of
Denton as recorded in Cabinet T, Slide 135, Denton County Plat Records, said point also being in the west
line of a 5.47 acre tract of land conveyed to Chris & Sonia Cash as recorded in Clerk's Document No.
2006-43436, Denton County Deed Records
THENCE with a south line of said 15.378 acre tract and with the north line of said Section B as follows:
s:Uegahour documentslordinances1101z10-0008.doc
South 65 degrees 00 minutes 00 seconds West, 195.07 feet to a one-half inch iron rod with "JBI
Partners" yellow cap set for corner;
South 81 degrees 00 minutes 00 seconds West, 270.00 feet to a one-half inch iron rod found for
comer;
South 54 degrees 24 minutes 10 seconds West, 42.45 feet to a one-half inch iron rod found for
corner;
South 01 degrees 48 minutes 15 seconds West, 76.69 feet to a one-half inch iron rod found for
corner;
Southwesterly, 76.35 feet with a non-tangent curve to the left having a central angle of 87 degrees
29 minutes 42 seconds, a radius of 50.00 feet, a tangent of 47.86 feet, whose chord bears South 48 degrees
03 minutes 24 seconds West, 69.15 feet to a one-half inch iron rod found for corner;
North 85 degrees 41 minutes 27 seconds West, 123.28 feet to a one-half inch iron rod with "JB
PartnersI" yellow cap set for corner, said point being the northwest corner of said Section B, said point
being in the east line of Lot 2, Block A, Preserve at Pecan Creek Apartments, an addition to the City of
Denton as recorded in Cabinet X, Page 740, Denton County Plat Records;
THENCE North 06 degrees 56 minutes 05 seconds West, 33.39 feet with the line of said 15.378 acre tract
to a one-half inch iron rod found at the most northerly northeast corner of said Lot 2;
THENCE with the southeast line of said 15.378 acre tract and with the northwest line of said Lot 2 as
follows:
South 57 degrees 00 minutes 59 seconds West, 427.68 feet to a one-half inch iron rod found for
corner;
South 06 degrees 06 minutes 13 seconds East, 193.74 feet to a one-half inch iron rod found at a
northwest corner of said Lot 2, said point being the most northerly comer of Lot 1, Block A, Preserve at
Pecan Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 737, Denton
County Plat Records;
THENCE South 38 degrees 59 minutes 33 seconds West, 641.09 feet to a one-half inch iron rod found at
the most southerly southeast corner of said 15.378 acre tract, said point being in the northeast line of said
City of Denton tract, said point also being the most westerly corner of said Lot, Block A;
THENCE with the southwest line of said 15.378 acre tract and with the northeast line of said City of
Denton tract as follows:
North 45 degrees 32 minutes 54 seconds West, 16.81 feet to a one-half inch iron rod found for
comer;
Northwesterly, 340.94 feet with a curve to the left having a central angle of 12 degrees 39 minutes
38 seconds, a radius of 1542.93 feet, a tangent of 171.17 feet, whose chord bears North 51 degrees 52
minutes 43 seconds West, 340.25 feet to the POINT OF BEGRQN G and containing 669,855 square feet
or 15.378 acres of land.
s:\legal\our documents\ordinances\10\z10-0008.doe
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