2009-326
s:\our docu men ts\ord in ances\09\s06-001 2 corinth south substation.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT TO ALLOW AN ELECTRICAL SUBSTATION ON APPROXIMATELY 5.961 ACRES
OF LAND, GENERALLY LOCATED AT THE SOUTHWEST INTERSECTION OF TEASLEY
LANE AND OLD ALTON ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S06-0012)
WHEREAS, TXU Electric Delivery Company has applied for a Specific Use Permit to allow
an electrical substation on approximately 5.961 acres of land located at the corner of Teasley Lane
(F.M. 2181) and Old Alton Road and legally described in Exhibit "A", attached hereto and
incorporated herein by reference (herein the "Property"); and
WHEREAS, on November 18, 2009, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested permit; and
WHEREAS, the City Council finds the permit is consistent with the Denton Development
Code, and specifically Section 35.6.4., and with the Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the recitals of this ordinance are
incorporated herein by reference.
SECTION 2. A Specific Use Permit to allow an electrical substation is hereby approved for
the Property. =
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved as a condition of the permit.
SECTION 4. 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 5. Any person violating any provision of this ordinance shall, upon conviction, be
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 6. 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 day of DG'e/~2d , 2009.
C
MXRK A. ' g? J S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Exhibit A
PROPERTY DESCRIPTION
BEING a 5.961 acre tract of land situated in the J.C. Baker Survey, Abstract No. 47, Denton County,
Texas, and being all of that tract of land described in deed from Jimmy W. Roach and Brenda Kay
Roach to Wild Mustang Crossing, Ltd., as recorded in Document No. 2006-2651, Official Records of
Denton County, Texas, Volume 544, Page 510 of the Deed Records of Denton County, Texas,
(D.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a 1-inch iron rod found at the northwest corner of the herein described tract, said
point being on the east line of the Gregory and Kathleen Pollock Addition, an addition to the City of
Denton as recorded in Cabinet L, Page 139, of the Plat Records, Denton County, Texas, said point
also being the southerly right-of-way line of Farm to Market Road No. 2181 (FM 2181).
THENCE North 81 degrees 13 minutes 33 seconds East, with the north line of said tract and along
the southern right-of-way line of FM 2181, a distance of 54.41 feet to a 1-inch iron rod found for
corner;
THENCE North 67 degrees 53 minutes 06 seconds East, continuing along said north and south lines,
a distance of 35.52 feet to a 1-inch iron rod found for the northeast corner of the herein described
tract, said point being on a non-tangent circular curve to the left having a radius of 1195.91 feet and
whose chord bears South 44 degrees 39 minutes 57 seconds East, 915.09 feet, said point also being
on the southwest right-of-way line of said FM 2181 (100 feet wide at this point);
THENCE Southeasterly along said southwest right-of-way line and along said curve to the left,
through a central angle of 44 degrees 59 minute 19 seconds, for an arc distance of 939.03 feet to a
wood right-of-way monument with a P.K. nail found for the easterly northeast corner of said 5.41
acre tract;
THENCE South 04 degrees 29 minutes 20 seconds East continuing along said southwest right-of-
way line, a distance of 43.23 feet to a 1/2 inch iron rod found for corner;
THENCE South 05 degrees 51 minutes 12 seconds East, continuing along said southwest right-of-
way line, a distance of 26.42 feet to a 1/2-inch iron rod found for corner, said point being in the
center of Old Alton Road and being the southeast corner of the herein described tract;
THENCE South 89 degrees 00 minutes 59 seconds West, departing said southwest right-of-way line
and generally along said Old Alton Road and the south line of said tract, a distance of 723.13 feet to
a 1/2-inch iron rod found for corner, said point being at an inner ell corner of a tract of land
described in deed from R.D. Martin to Roger A. Stephens and wife, Cherry L. Stephens, recorded in
County Clerk No. 94-R0003037, Denton County, Texas, and also being the southwest corner of the
herein described tract;
THENCE North 01 degree 06 minutes 02 seconds West, along the west line of said tract, passing at
69.70 feet the northeast corner of said Stephens tract and the southeast corner of said Pollock
Addition, and continuing along the east line of said Addition, for a total distance of 527.08 feet to a
1-inch iron rod found for corner;
THENCE North 00 degrees 54 minutes 10 seconds West continuing along the east line of said
Addition and the west line of said tract, a distance of 183.99 feet to the POINT OF BEGINNING
AND CONTAINING 259,674 square feet or 5.961 acres of land, more or less.
Exhibit B
SITE PLAN
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