2006-348ORDINANCE NO. dxti _ 3 ye
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT TO
ORDINANCE 2006-138, AN ENVIRONMENTALLY SENSITIVE AREA ALTERNATIVE
DEVELOPMENT PLAN FOR APPROXIMATELY 71.01 ACRES OF LAND LOCATED ON THE
SOUTH SIDE OF I-35 EAST, SOUTH OF WIND RIVER BOULEVARD AND WEST OF
UNICORN LAKE BOULEVARD, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE
(NR-U-12) ZONING DISTRICT AND A NEIGHBORHOOD RESIDENTIAL-2 (NR-2) ZONING
DISTRICT, AND LEGALLY DESCRIBED AS WITHIN THE M.E.P. & P.R.R. SURVEY,
ABSTRACT NO. 950 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP06-0015)
WHEREAS, Brad Shelton has applied for an amendment to Ordinance 2006-138, which
previously approved an alternative development plan filed in the City's Planning Department, a copy
of which is attached hereto and made a part hereof as Exhibit "A" (the Alternative Development
Plan), on approximately 71.01 acres of land, more particularly described in Exhibit "B" hereto (the
"Property"), located in a Neighborhood Residential (NR-6) zoning district; and
WHEREAS, on October 25, 2006, the Planning and Zoning Commission recommended
approval of the requested amendment to the Alternative Development Plan to establish new
boundaries, as more particularly described as Exhibit C, attached hereto; and
WHEREAS, the City Council finds that the Alternative Development Plan, as amended
herein, is consistent with the Denton 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.
SECTION 2. The requested amendment to the Alternative Development Plan is hereby
approved with the following additional conditions:
1. Allow the removal of 4,063 square feet (0.09 acres) of designated mitigation area for Upland
Habitat; and
2. replace it with 6,716 square feet (0.15 acres) of property to be designated as Upland Habitat
mitigation area.
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
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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the( day of '2006
6~~ 6? r,c&S0
PERRY . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PAGE 2
APPROVED AS TO LEGAL FORM:
EXHIBIT A
Environmentally Sensitive Areas Alternative Development Plan
The purpose of an alternative development plan (ADP) is to provide an option for developments that
do not meet the standards in the Denton Development Code (DDC) and that meet or exceed the .
objectives of the Denton Plan and Development Code.
The applicant is requesting approval of an Alternative Development Plan for an Environmentally
Sensitive Area. Section 35.17.12 Alternative Environmentally Sensitive Area Plans in the Denton
Development Code allows the ADP procedure proposed here.
There is a total of 71.01 acres of ESA designated property on this site. The applicant intends to
reclaim approximately 0.07 acres of undeveloped floodplain, develop 0.18 acres of Riparian Buffers
and develop 22.68 acres of Upland Habitat. The proposed development will deviate from the
following Denton Development Code requirements:
1. 35.17.7.A Undeveloped Floodplain Development Standards, Permitted Uses and
Activities. Residential development is not a permitted use in designated undeveloped
floodplain.
2. 35.17.8. Riparian Buffer and Water Related Habitat Development Standards.
Residential development is not a permitted use in designated riparian and water related
habitats.
3. 35.17.9 Upland Habitat Development Standards. Residential development shall be
designed to retain a contiguous fifty percent (50%) tree canopy, which shall remain
predominantly in its natural state.
The applicant will mitigate the deviations from the Denton Development Code by a mitigation plan
which provides for the preservation of 1.18 acres of Upland Habitat and the creation of 10.16 acres
of Upland Habitat, for a total of post-project Upland Habitat area of 11.34 acres. The Alternative
Development ESA Plan provides for Natural Zone Plantings and Social Zone Plantings.
The Natural Zoning Plantings will be planted with bare-root seedlings at a rate of 350 per acre in the
area indicated in Attachment 3.
The Natural Zone constitutes approximately 8.21 acres, of which 7.63 acres need to be planted. This
would provide approximately 2,671 bare-root seedlings for the Upland Habitat Natural Zone.
The Social Zone Plantings would occur along potential trail corridors in an area of approximately
3.13 acres and would be maintained to allow for longer sight distances for both aesthetic and safety
reasons. Tree plantings would consist of the same native species as the Natural Zone. However,
these trees would be larger than the bare-root seedlings planted in the Natural Zone and would be
planted at a rate of 50 trees per acre. A walking trail would also be constructed that would meander
through the Social Zone.
PAGE 3
Exhibit "A"
PAGE 4
Exhibit B
Environmentally Sensitive Area Metes and Bounds Description
ENVIRONMENTAL sEN,,rnvli AREA
UPLAND HABITAT 1.11MII'S
TRACT ONE
BEING".A 6.729 ACRE TRACT OF ]_vND SITU,ATtiD IN THE h4.E.P. R, P.R.R. SURVEY,
A BSTRACI' NO. 950. CITY OF DENTON. DENT'ON COUNTY. TEXAS. AND BEING PART OF A
116. SO ACRE 'rRACT OF LAND DESCRIBED IN A DEED TO WINDJAMMER. LTD. AS
RECORDED IN DENTON COUNTY CLERK`S FILE NO. 9S-R0061520 OF THE REAL PROPERTY
RECORDS OF DENTON CUUNT'Y. TEXAS, SAID 6.729 ACRE TRACT. WITH BEARING BASIS
BEING THE EAST LINE OF WIND RIVER ESTATES. PHASE V II. AN :ADDITION TO THE CITY
OF DEN TON. AS RECORDED IN CABINET P. SLIDE 151-152 OF THE PLAT RECORDS OF
DENTON COUNTY. TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND 13OLINDS AS FOLLOWS:
BEGINNING AT THE -SCIUT'HEAST CORNER OF SAID C30.50 ACRE TRACT AND AT AN ELL
CORNER OF A 201. AS ACRE, TRACT OF LAND DESCRIBED IN A DEED TO THE STATE OF
TEXAS AS RECORDED IN VOLUME 435. PAGE I2 OF THE DEED RECORDS OF DENTON
COUNTY. TEXAS:
THENCE. ALONG THE SOUTH LINE OF SAID I - If, 51) ACRE TRACT AND A NORTH LINE OF
SA ID 201.34 ACRE TRACT. SOUTH 49 DEGREE'S 49 MINUTES 113 SECONDS WEST. A
DISTANCE OF 148.98 FEET TO A POINTFOR COMM
THENCE. OVER AND :ACROSS SA ID I."N SO ACRE TRACT. THI: FOLLOWING COURSES AND
DISTANCES:
NORTH 0 3, DECREES 26 NHNUTES 39 SECONDS EAST. A DISTANCE OF 157.48 FEET
TO A POINTFOR CORNER:
NORTH 76 DEGREES o5 M4INUTT6 55 SECONDS WEST. A DISTANCE OF 157.43 FEET
TO A POINT FOR CORNER:
NORTH 66 DEGREES 1 I MINUTES 04 SECONDS WEST. A DISTANCE C F 9C 76 FEET
TO A POINT FOR CORNER:
SOLITH 74 DEGREES 41 MIINLrrES 15 SECONDS WEST. A DISTANCE OF 191.89 FEET
TO A POINTFOR CORNER:
NORTH 6-S DEGREES 37 MTINU'ITS 29 SECONDS WEST. A DISTANCE OF 24299 FEET
TO A POINT FOR CORNER;
SOUTH 31 DEGREES 20 MINI-TITS 14 SECONDS WEST. A DISTANCE OF99.54 FEET TO
A POINT FOR CORNER:
SOUTH 13 DEGREES 4R MIINLTI-ES 47 SECONDS EAST. A DISTANCE OF ?9.t_4 FEET TO
A POINTFOR CORNIER:
C?CWwmenm and Settlng4huts nrt•Local SeftngE.Tempuam Intamel FiH,\O K OESA EMBR i2lckc
Pago l Hl
PAGE 5
SOUI'H 56 DEGREES =D MINUTES 53 SECONDS EAST. .A DIST',ANCE OF 266.41 FEET
TO A POINT FOR CORNER:
SOUTH CnT DEGREES 44 NIINUTES 12 -SECONDS WEST. A DISTANCE OF 12S FEET TO
A POINT FOR CORNER:
SOUTH S9 DEGREES 49 MINIJTES 03 SECONDS WFSF. A DISTANCE OF 345.5_ FEET
TO A POINT FOR CORNER:
NORTH I 1 DEGREES 13 MINUTES 3C SECONDS WEST, A DISTANCE OF 1";7.29 FEET
TO .A POINT FOR CORNER:
NORTH 00 DEGREES 27 MINUTES 31, SECONDS EAST. A DISTANCE OF4±7.25 FEET
TO A POINT FOR CORNER:
NORTH 25 DEGREES 34 MINUTES 24 SECONDS W EST. A DISTANCE OF 541.16 FEET
TO A POINT FOR CORNER:
NORTH 56 DEGREES 14 ATINUTFS 21 SECONDS WEST. A DISTANCE OF 268.52 FEET
TO A POINTFOR CORNER:
NORTH 27 DEGREES 31 MINUIFS 14 SECONDS EAST. A DISTANCE OF 35253 FEET
TO A POINT AT THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING .A
CENTRAL ANGLE (IF 22 DEGREES 4:I NIINU FE S 17 SECONDS. A RADIUS OF 166.011
FEET. ANDA LONG CHORD THAT BF,-1RS NORTH 33 DEGREES 52 MINUTES 53
SECONDS FAST. A DISTANCE OF 654!i FEET:
ALONG SAID TANGENT CURVE TO THE RIGHT AN ARC DISTANCE 01( 15.81 FEET
TO A POINT AT THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING
A CENTRAL ANGLE OF 38 DECREES A RADIUS OF 66.00 FEET. AND A LONG
CHORD THAT BEARS NORTH 64 DEGREES 34 MINUTES 15 SECONDS E.AST..A
DISTANCE OF 43.69 FEET:
ALONG SAID COMPUND CURVE TO THE RIGHT. AN ARC DISTANCE OF 44.53 FEET
TO A POINTAT THE BEGINNING OF A COMPOUND CURVE TO I THE RIGHT HAVING
A CENTRAL ANGLE OF C) DEGREES 44 MINUTES 33 SECONDS, A RADIUS CIF 166.GB
FEET. AND A LONG, CHORD THAT BEARS SOUTH S6 DEGREES 13 MINUTES 45
SECONDS EAST. A DISTANCE. OF 19 FEET:
ALONG SAID COMPOUND CURVE'[ THE RIGHT. AN ARC DISTANCE OF-18.2, FEET
TO A POINTFi )R CORNER:
SOI_rrH 28 DEGREES 49 NIINU'FES 52 SECONDS EAST. .A DISTANCE OF 70.oI FEET TO
A POINTFOR CORNER:
SOLTH 38 DEGREES 16 MINUTES 29 SECONDS WEST, .A DISTANCE +_IF 5:3.5o FLEET TO
A POINT FOR CORNER:
CSCwwmems and Setangs'hutr:nrt.LorU Settng6Tempnert Memel Fiks'•OLUESA EXHIBIT !21,d:c
Page 2 cl 7
PAGE 6
NORTH 77 DEGREES 511 NIINU FES 34 SECONDS WEST
. A DISTANCE OF 27.55 FELT
TO A POINT FOR CORNER
SOUTH 87 DEGREES i10 MINUTES 32 SECONDS WEST
A DISTANCE; OF. 24.76 FEET TO
A POINT FOR CORNER:
NORTH 85 DEGREES 36 MINUTES 13 SECONDS WEST
A DISTANCE OF 26.40 FEET
TO A POINT FOR CORNER:
NORTH S9 DEGREES 10 MINUTES 36 SECONDS WEST
. A DISTANCE OF 14.Q FEET
TO A POINT FOR CORNER:
SOUTH 75 DEGREES 33 MINUTES 56 SECONDS WEST
A DISTANCE OF 18.7 8 FEET TO
A POINT FOR CORNER:
SOUTH 51 DEGREES I MINUTES 57 SECONDS AYES I'
. A DISTANCE OF 23.41 FEET TO
A POINT FOR CORNER:
SOUTH 24 DEGREES D I MINUTES 15 SECONDS WES )T
. A DISTANCE OF 25.09 FEET TO
A POINT FOR CORNER:
SOUTH ^-N DEGREES 43 MINUTES 07 SECONDS WEST.
A DISTANCE OF 31.6,8 FEET TO
A PO>INT FOR CORNER:
SOUTH 10 DEGREES 49 MINUTES 47 SECONDS WEST
A DISTANCE OF 18.43 FEET TO
A POINT FOR CORNER:
SOLTH 03 DEGREES I8 NIINUTES 40 SECONDS WEST.
A DISTANCE OF 37.92 FEET TO
A POINT FOR CORNER:
SOLTFH05 DEGREES 31 MINUTES 10 SECONDS EAST.
A DISTANCE 017.19.93 FEET TO
A POINT FOR CORNER:
SOUTH 24 DEGREES I I MINUTES 38, SECONDS FAST.
A DISTANCE OF 17.26 FEET TO
A POINT FOR CORNER:
SOUTH 33 DEGREES 5' NIINLTF.S 23 SECONDS EAST.
A DIS F ANCF. OF 26.04 FEET TO
A POINT FOR CORNER;
SOUTH 54 DEGREES 20 MINUTES 02 SECONDS EAST.
A DISTANCE 01: -26.04- FEET TO
A POINT FOR CORNER:
SOLTTH 4N DEGREES 34 MINUTES 40 SECONDS FAST_
A DISTANCE OF 15. IS FEET TO
A POINT FOR CORNER:
SOUTH 58 DEGREES 49 MINUTES 01 SECONDS FAST.
A DISTANCE OF S.7S FEET To
A POINT FOR CORNER:
C 6CmamMs and SerdngtlhuCmn Lpcal Settng9Temp7aq Lte, no Fd-W01K6 E&d EX HI BIT {2).dx
Page 3 de
PAGE 7
SOUTH 3S DEGREES 48 MINUTES 53 SECONDS EAST. .A DISTANCE OF23.07 FEETTO
A POINT FOR CORNER:
SOUTH 38 DEGREES 30 MINUTES 03 SECONDS EAST.
A DISTANCE OF 1176.41 FEET
TO A POINT FOR CORNER:
SOUTH 42 DEGREES 26 MINUTES _3 SECONDS EAST.
A DISTANCE OF 112_.80 FEET
TO: i POINT FOR CORNER:
SOLITH 29 DEGREES 49 MINUTES 44 SECONDS EAST.
A DISTANCE OF 151.64 FEET
TO .A POINTFOR CORNER;
SOUTH 19 DEGREES 44 MINUTES o4 SECONDS EAST..
A DISTANCE OF _247.69 FEET
TO A POINT FOR CORNER:
SOLTFH 08 DEGREES 16 MINUTES 07 SECONDS EAS"1'.
.A DISTANCE OF 12-1.33 FEET
TO A POINT FOR CORNER:
SOUTH 31 DEGREES I I MINUTES 01 SECONDS FAST.
A DISTANCE OF 18233 FEET
TO A POINTFOR CORNER;
SOUI'H 31 DECREES 1 I MINUTES 02 SECONDS EAST.
A DISTANCE OF 134.71 FEET
TO A POINT FOR CORNER;
SOLTTH 59 DEGREES 10 MINUTES 421 SECONDS EAST.
A DISTANCF.OF -41.73 FEET TO
A POINT FOR CORNER:
SOLITH 27 DEGREES 17 MINUTES 17 SECONDS EAST.
A DISTANCE O17 51. 23 FEET TO
A POINT FOR CORNER:
SOUTH 46 DEGREES n4 MINUTES 14 SECONDS FAST.
A DISTANCE OF 80.42 FEET TO
A POINT ]:OR CORNER:
SOLTFH 60 DECREES 06 MIINUTES 41 SECONDS EAST.
,A DISTANCE OF 1[13.53 FEET
TO A POINT FOR CORNER;
NORTH 83 DEGREES I I MINUTES I4 SE'C'ONDS EAST.
A DISTANCE OF 117.57 FEET
TO A POINT FOR CORNER:
NORTH S I DEGREES 33 MIND FE'S 28 SECONDS EAST.
A DISTANCE OF 127.72 FEET
TO A POINT FOR CORNER;
NORTH 50 DEGREES 51 MINUTES 59 SECONDS EAST.
,A DISTANCE OF 36.86 FEET TO
A POINT FOR CORNER:
NORTH 83 DEGREES 37 MINUTES 51 q`.CoNDS EASE.
A DISTANCE OF 54.09 FEET TO
A POINT FOR CORNER:
Mommnd SelAnps.hu6cnalool Senngg Jempaary immel Fi"%0lK1'.ESA EXH
!
IBIT (2)6.x
Pap 4d
PAGE 8
SOUTH 73 DECREES 50, NHNU'EIiS 23 SECONDS EAS"F. A DISTANCE OF 24.73 FEET TO
A POINT FOR CORNER:
SOUTH 38 DEGREES i1$ MINUTES 41 -SECONDS WEST. A DISTANCE OF 7.75 FEET TO
A POINT FOR CORNER:
SOUTH 14 DEGREES 42 MINUTES I I SECONDS EAST. A DISTANCE OF 37.91 FEET TO
A POINT FOR CORNER:
SOUTH 14 DECREES 42 MINUTES 10 SECONDS EAST. A DISTANCE. OF 52.35 FEET TO
A POINT FOR CORNER:
SOUTH 44 DECREES 10 MINUTES 41 SECONDS EAST'. A DISTANCE OF 10 1.49 FEET
TO A POINT FOR CORNER;
SOUTH 50 DECREES 38 MINUTES SECONDS EAST'. A DISTANCE: OF 176.64 FEET
TO A POINT IN THE EAST LINE OF SAID 135.50 ACRE TRACTAND A NEST LINE OF
SAID 2111.38 ACRE TRACT:
THENCE. ALONG'FHE EAST LINE OF SAID 136.50 rACRL TRACT AND A wEST LINE OF SAID
201.38 ACRE T'RACT'. SOUTH 02 DECREES 44 MINUTES M SECONDS WEST. A DISTANCE OF
71.57 FEETTO T-HE POINT OF BEGINNING AND CONTAINING 6729 ACRES OF LAND.
MORE OR LESS.
T'RACE' T WO
BEING A 4.625 ACRE TRACT OF LAND SITUATED IN THE M.E.F. & P.R.R. SURVEY.
ABSTRACT NO. 950. CITY OF DL-'NION. DEN TON COUNTY. TEXAS. AND BEING PART OF A
136.50 ACRE TRACT OF ]_AND DESCRIBED IN A DEED TO WINDJAMMER, LTD. AS
RECORDED IN DENTON COUNTY CLERK'S FILE NO.48-RO06252EJ OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY. TEXAS. SAID 4.625 ACRE TRACT. WITH BEARING BASIS
BEING THE EAST LINE: OF WIND RIVER ESTATES. PHASE V IL AN ADDITION TOTHE CITY
OF DENT'ON. AS RECORDED IN CABINET P. SLIDE 151-152 OF THE. PEAT RECORDS OF
DENTON COUNTY. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUT HFASTCORNER OF SAID 136.50 ACRE TRACT AND AT AN
ELL CORNER OF A 201.:38 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE STATE
OF TEXAS AS RECORDED IN VOLUME 435 PAGE 12 01:1 HE DEED RECORDS OF DENTON
COUNTY. TEXAS:
THENCE. OVER AND ACROSS SAID 11(00 ACRE TRACT. NORTH 50 DECREES 13 MINUTES
5; SECONDS `,VEST. A DISTANCE 01:2013.20 FEEL' TO THE I'OI,\'I' OI' IEIiOI\\I~G;
THENCE. CONTINUING OVER AND ACROSS SAID I_6.SO ACRE TRACT,'FHE FOLLOR ING
COURSES AND DISTANCES:
CdDowments and Se*gvhuK.:nm.Lml SerthgBTemVwarf lMemet FIke1O11{s'•ES.S E(HI BIr (2).d c
Page 5 cF
PAGE 9
NORTH 66 DFaGRF.ES 7 MINUTES 09 SECONDS WEST. A DISTANCE OF 71.66 FEET
TO .A POINT FOR CORNER:
NORTH 49 DEGREES+14 MINUTES 41 SECONDS WEST. A DISTANCE OF 45.14 FEET
'I0 A POINT FOR CORNER:
NORTH IS DEGREES 19 MINUTFS 34 SECONDS EAST. ,A DISTANCE OF 132.23 FEET
TO A POINT FOR CORNER:
NORTH 65 DEGREES 37 MINUTES IS SECONDS WEST. A DISTANCE 01: 146.50 FEET
TO A POINT FOR CORNER:
NORTH 71 DEGREES 36 MINUTES 58 SECONDS WEST'. A DISTANCE OF 123.77 FEET
TO :A POINT IN THEWFST LINE OF AFORFSAID 136.:0 ACRE TRACT:
THENCE. ALONG THE WEST LINE OF SA ID 136.50 ACRE TRACT. NORTH f9 DEGREES 27
MINUTES 330 SECONDS EAST. A DISTANCE= OF _;1355 FEET' T') A POINT FOR CORNER:
THENCE-'. OV''ER AND ACROSS SAID 136.50 ACRE TRACT'. THE FOLLOWING COURSES AND
DISTANCES:
NORTH S7 DEGREES 41 MINUTES 22 SECONDS EAST. A DISTANCE OF 348._ I FEET
TO A POINT FOR CORNER:
SOUTH 37 DEGREES 34 MINUTES 43 SECONDS EAST. A DISTANCE OF 107.4S FEET
TO A POINTFOR CORNE=R;
SC IJFH 56 DEGREES IJh MINUTES 05 SECONDS EAST. A DISTANCE OF 101.24 FEET
TO A POINT FOR CORNER:
SOLTTH 3S DEGREES 57 MINUTES 01 SECONDS EAST'. A DISTANCE OF 3.93 FEET TO
A POINT AT THE- BEGINNING OF A'I ANGISNT CURVE. 10 THE RIGHT HAVING A
CENTRAL ANGLE OF 41 DEGREES 26 MINUTES 10 SECONDS. A RADIUS OF 86.00
FEET. AND A LONG CHORD THAI' HEARS SOUTH 15 DEGREES 13 MINUTES 56
SECONDS FAST. :A DISTANCE OF 60.85 FEET:
ALONG S.AID'TANGENT CURVE TO THE: RIGHT. AN ARC DISTANCE OF 62.20 FEET
To A POINT AT THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING
A CENTRAL ANGLE OF 22 DEGREES 02 MINUTES 0i SECONDS, A RADIUS 0116x_+.110
FEET. AND A 1,0Mt; CHORD THAT HEARS SOUTH 16 DEGREES 30 MINUTES 12
SECONDS WEST. A DISTANCE OF 6±.45 FEET:
ALONG SAID COMPOUND CURV E TG, FHEi RIGHT AN ARC DISTANCE" OF 63.84 FEET
TO A POINT FOR CORNER:
SOUTH 27 DECREES 31 MINUTES 14 SECONDS NEST. A DISTANCE: OF374.77 FEET
TO A POINT FOR CORNER:
C.',Uommenm and SeWngdhutrrnd,LocA SetthgiJemp rery Irtemel Fihs'•GLK4ES4 E<HIB [T
;:1Ax
Page 5 d 7
PAGE 10
THENCE. SOUTH 2F, DECREES 19 MINUTES 23 SECONDS WEST. A DISTANCE OF
12.33 FEET 1O THE POINT OF BEGINNING AND CONTAINING 3.6:5 ACRES OF LAND,
MORE OR LESS.
PAGE 11
EXHIBIT C
ENVIRONMENTAL SENSITIVE AREA
UPLAND HABITAT LIMITS
(AMENDED)
TRACT ONE
BEING A 6.729 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY,
ABSTRACT NO. 950, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF A
136.50 ACRE TRACT OF LAND DESCRIBED IN A DEED TO WINDJAMMER, LTD. AS
RECORDED IN DENTON COUNTY CLERK'S FILE NO. 98-ROO62520 OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS, SAID 6.729 ACRE TRACT, WITH BEARING BASIS
BEING THE EAST LINE OF WIND RIVER ESTATES, PHASE VII, AN ADDITION TO THE CITY
OF DENTON, AS RECORDED IN CABINET P. SLIDE 151-152 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY" DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID 136.50 ACRE TRACT AND AT AN ELL
CORNER OF A 201.38 ACRE. TRACT OF LAND DESCRIBED IN A DEED TO THE STATE OF
TEXAS AS RECORDED IN VOLUME 435, PAGE 12 OF THE DEED RECORDS OF DENTON
COUNTY,TEXAS;
'T'HENCE, ALONG THE SOUTH LINE OF SAID 136.50 ACRE TRACT AND A NORTH LINE OF
SAID 201.38 ACRE TRACT, SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST, A
DISTANCE OF 148.98 FEET TO .A POINT FOR CORNER;
THENCE, OVER AND ACROSS SAID 136.50 ACRE TRACT, THE. FOLLOWING COURSES AND
DISTANCES:
NORTH 03 DEGREES 26 MINUTES 39 SECONDS EAST.
A DISTANCE OF 157.48 FEET
TO A POINT FOR CORNER;
NORTH 76 DEGREES 05 MINUTES 55 SECONDS WEST
. A DISTANCE OF 157.43 FEET
TO A POINT FOR CORNER;
NORTH 66 DEGREES I I MINUTES 04 SECONDS WEST-
, A DISTANCE OF 96.76 FEET
TO A POINT FOR CORN FR;
SOUTH 74 DEGREES 41 MINUTES 15 SECONDS WEST
, A DISTANCE OF 191.89 FEET
TO A POINT FOR CORNER;
NORTH 6S DEGREES 37 Nfl , TFS r9 SECONDS `4 S"`
A DISTANCE OF 2-- 9U I,=
TO A POINT FOR CORNER;
SOU H-1 3I DEGREES 20 MINUTES 24 SECONDS WEST.
A DISTANCE OF 99.58 FELT TO
A POINT FOR CORNER:
SOUTH 13 DEGREES 48 MINUTES 47 SECONDS FAST,
A DISTANCE OF 39.64 FEET TO
A POINT FOR CORNER:
C15LD1UNIGORNt02198501tsoala~ESA EXHIBIT ALTERNATE doc
Page 1 of 7
PAGE 12
SOUTH 56 DEGREES 20 MINUTES 53 SECONDS EAST. A DISTANCE OF 266.41 FEET
TO A POINT FOR CORNER;
SOUTH 00 DEGREES 44 MINUTES 12 SECONDS WEST, A DISTANCE OF 2.28 FEET TO
A POINT FOR (:ORNER:
SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST. A DISTANCE OF 345.53 FEET
TO A POINT FOR CORNER;
NORTH I I DEGREES 13 MINUTES 36 SECONDS NEST. A DISTANCE OF 177.29 FEET
TO A POINT FOR CORNER;
NORTH 00 DEGREES 27 MINUTES 30 SECONDS EAST, A DISTANCE OF 487.25 FEET
TO A POINT FOR CORNER;
NORTH 28 DEGREES 34 MINUTES 24 SECONDS WEST. A DISTANCE OF 547.16 FEET
TO A POINT FOR CORNER:
NORTH 56 DEGREES 14 MINUTES 21 SECONDS WEST, A DISTANCE OF 268.52 FEET
TO A POINT FOR CORNER:
NORTH 27 DEGREES 31 MINUTES 14 SECONDS EAST, A DISTANCE OF 352.83 FEET
TO A POINT .ATTHE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 22 DEGREES 43 MINUTES 17 SECONDS, A RADIUS OF 166.00
FEET, AND A LONG CHORD THAT BEARS NORTH 38 DEGREES 52 MINUTES 53
SECONDS EAST, A DISTANCE OF 65.40 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 65.83 FEET
TO A POINT ATTHE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING
.A CENTRAL ANGLE OF 38 DEGREES 39'28", A RADIUS OF 66.00 FEET, AND A LONG
CHORD THAT BEARS NORTH 69 DEGREES 34 MJNUTES 15 SECONDS EAST, A
DISTANCE OF 43.69 FEET;
ALONG SAID COMPUND CURVE TO THE RIGHT. AN ARC DISTANCE OF 44.53 FEET
TO A POINT AT THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT HAVING
A CENTRAL ANGLE OP 9 DEGREES 44 MINUTES 33 SECONDS. A RADIUS OF 166.00
FEET. AND A LONG CHORD TI ]AT BEARS SOUT'I1 86 DEGREES 13 MINUTES 45
SECONDS EAST. A DISTANCE OF 28.19 FEET:
ALONG SAID COMPOi .'ND C'. RVF, TO THE RIGT-11, AN ARC. DISTANCE OF 28.23 FEET
TO A POINT FOR CORNER:
SOUTH 28 DEGREES 48 MINUTES 52 SECONDS EAST. A DISTANCE OF 70.01 FEET TO
A POINT FOR CORNER:
SOUTH 38 DEGREES 16 MINUTES 29 SECONDS WEST. A DISTANCE OF 53.50 FEETTO
A POINT FOR CORNER:
i?SLO!UNICORN,02198501~sdala~ESA EXEISIT ALTERNATE.doc
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PAGE 13
NORTH 77 DEGREES 50 MINUTES 34 SECONDS WEST, A DISTANCE OF 27.55 FEET
TO A POINT FOR CORNER:
SOUTH 87 DEGREES 00 MINUTES 32 SECONDS WEST, A DISTANCE OF 24.76 FEET TO
A POINT FOR CORNER:
NORTH 85 DEGREES 36 MINUTES 13 SECONDS WEST, A DISTANCE OF 26.40 FEET
TO A POINT FOR CORNER;
NORTH 89 DEGREES 10 MINUTES 36 SECONDS WEST, A DISTANCE OF 14.82 FEET
TO A POINT FOR CORNER:
SOUTH 75 DEGREES 33 MINUTES 56 SECONDS WES'T', A DISTANCE OF 18.78 FEET TO
A POINT FOR CORNER:
SOUTH 51 DEGREES 31 MINUTES 5? SECONDS WEST, A DISTANCE OF 23.41 FEET TO
A POINT FOR CORNER:
SOUTH 24 DEGREES 01 MINUTES 15 SECONDS WEST, A DISTANCE OF 25.09 FEET TO
A POINT FOR CORNER;
SOUTH 28 DEGREES 43 MINUTES 07 SECONDS WEST-, A DISTANCE OF 31.68 FEET TO
A POINT FOR CORNER:
SOUTH 10 DEGREES 49 MINUTES 47 SECONDS WEST, A DISTANCE OF 28.43 FEET TO
A POINT FOR CORNER:
SOUTH 03 DEGREES IS MINUTES 40 SECONDS WEST, A DISTANCE OF 37.92 FEET TO
A POINT FOR CORNER;
SOUTH 05 DEGREES 31 MINUTES 10 SECONDS EAST, A DISTANCE OF 29.83 FEET TO
A POINT FOR CORNER:
SOUTH 24 DEGREES I I MINUTES 38 SECONDS EAST, A DISTANCE OF 27.26 FEET TO
A POINT FOR CORNER:
SOUTH 33 DEGREES 52 MINUTES 23 SECONDS EAST-. A DISTANCE OF 26.04 FEET TO
A POINT FOR CORNER:
SOUTH 54 DEGREES 2i `11NU' S 02 SECONDS 17 AST. A DiST: N'CE OF 26.04 FEET-1.O
A POINT FOR CORNER:
SOUTH 48 DEGREES 34 MINI "TES 40 SECONDS EAST. A DISTANCE OF 15.18 FEET TO
A POINT FOR CORNER: ,
SOUTH 58 DEGREES 49 MINUTES 01 SECONDS EAST, A DISTANCE OF 5.78 FEET TO
A POINT- FOR CORNER:
1:\SLDIUNICORN..0219650,1sdaUg%ESA EXHIBIT ALTERNATE.acc
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PAGE 14
SOUTH 58 DEGREES 48 MINUTES 53 SECONDS EAST, A DISTANCE OF 23.07 FEET TO
A POINT FOR CORNER;
SOUTH 38 DEGREES 39 MINUTES 03 SECONDS EAST, A DISTANCE OF 106.41 FEET
TO A POINT FOR CORNER;
SOUTH 42 DEGREES 26 MINUTES 33 SECONDS EAST, A DISTANCE OF 112.80 FEET
TO A POINT FOR CORNER;
SOUTH 29 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 151.64 FEET
TO A POINT FOR CORNER;
SOUTH 19 DEGREES 44 TdINL7ES 04 SECONDS EAST, A DISTANCE OF 247.69 FEET
TO A POINT FOR CORNER;
SOUTH 08 DEGREES 16 MINUTES 07 SECONDS EAST. A DISTANCE OF 122.33 FEET
TO A POINT FOR CORNER;
SOUTH 31 DEGREES I 1 MINUTES 01 SECONDS EAST, A DISTANCE OF 182.33 FEET
TO A POINT FOR CORNER;
SOUTH 31 DEGREES I1 MINUTES 02 SECONDS FAST, A DISTANCE OF 136.74 FEET
TO A POINT FOR CORNER;
SOUTH 89 DEGREES 10 MINUTES 43 SECONDS EAST. A DISTANCE OF 70.73 FEETTO
A POINT FOR CORNER;
SOUTH 27 DEGREES 17 MINUTES 17 SECONDS EAST, A DISTANCE OF 51.28 FEET TO
A POINT FOR CORNER;
SOUTH 46 DEGREES 04 MINUTES 14 SECONDS EAST, A DISTANCE OF 80.42 FEET TO
A POINT FOR CORNER;
SOUTH 60 DEGREES 06 MINUTES 47 SECONDS EAST, A DISTANCE OF 108.58 FEET
TO A POINT FOR CORNER;
NORTH 83 DEGREES 11 MINUTES 14 SECONDS EAST, A DISTANCE OF 117.87 FEET
TO A POINT FOR CORNER:
NORTH 51 DEGREES 33 MINU'T'ES 28 Sl :ONDS EAST. A DISTANCE 0-1227.71 FEET
TO A POINT FOR CORNER;
NORTH 50 DEGREES 51 MINUTES 59 SECONDS EAST. A DISTANCE OF 36.86 FEET TO
.A POINT FOR CORNER:
NORTH 83 DEGREES 37 MINUTES 51 SECONDS EAST. A DISTANCE OF 54.09 FEET TO
A POINT FOR CORNER;
e%SLDtUNICORM0198501'.sdata%ESA EXHO ALTERNRTLdu'c
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PAGE 15
SOUTH 73 DEGREES 58 MINUTES 23 SECONDS EAST, A DISTANCE OF 24.73 FEET TO
A POINT FOR CORNER;
SOUTH 38 DEGREES 08 MINUTES 41 SECONDS WEST, A DISTANCE OF 7.75 FEET TO
A POINT FOR CORNER;
SOUTH 14 DEGREES 42 MINUTES I 1 SECONDS EAST, A DISTANCE OF 37.91 FEET TO
A POINT FOR CORNER;
SOUTH 14 DEGREES 42 MINUTES 10 SECONDS EAST, A DISTANCE OF 52.35 FEET TO
A POINT FOR CORNER:
SOUTH 44 DEGREES 10 MINUTES 41 SI,:CONDS EAST. A DISTANCE OF 102.49 FEET
TO A POINT FOR CORNER;
SOUTH 50 DEGREES 38 MINUTES 20 SECONDS EAST, A DISTANCE OF 176.64 FEET
TO A POINT IN THE EAST LINE OF SAID 136.50 ACRE TRACT AND A WEST LINE OF
SAID 201.36 ACRE TRACT;
THENCE. ALONG THE EAST LINE OF SAID 136.50 ACRE TRACT AND A WEST LINE OF SAID
201.38 ACRE TRACT, SOUTH 02 DEGREES 44 MINUTES 08 SECONDS WEST, A DISTANCE OF
71.87 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.729 ACRES OF LAND,
MORE OR LESS.
TRACT TWO
BEING A 4.686 ACRE TRACT OF LAND SITUATED IN TIME M.E.P. & P.R.R. SURVEY,
ABSTRACT NO. 950, CITY OI-- DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF A
136.50 ACRE TRACT OF LAND DESCRIBED IN A DEED TO WINDJAMMER. LTD. AS
RECORDED IN DI NT'ON COI.JNTY CLERK'S FILE NO. 98-R0062520 OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS, SAID 4.686 ACRE TRACT, WITH BEARING BASIS
BEING THE EAST LINE OF WIND RIVER EST'AT'ES, PHASE VIL AN ADDITION TO THE CITY
OF DENTON. AS RECORDED IN CABINET P, SLIDE 151-152 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID 13650 ACRE TRACT AND AT AN
ELL CORNER OF A 201.38 ACRE TRACT OF LAND DESCRIBED IN .A DEED TO THE STATE
OF TEXAS AS RECORDED 1N `I,CLUME 435. PACE 12 OF THE DEED RECORDS OF DENTON,
COUNTY, TEXAS:
THENCE. OVER AND ACROSS SAID 136.50 ACRE TRACT'. NORTH 50 DEGREES 13 MINUTES
55 SECONDS !VEST, A DISTANCE OF 2013.20 FEETTO THE POINT OF BEGINNING:
THENCE. CONTINUING OVER AND ACROSS SAID 136.50 ACRETRACT. THE FOLLOWING
COURSES AND DISTANCES:
1:1SLDtUNICORM02198501'IsCata`;ESA EXH1 31T ALTERNATE.Coo
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PAGE 16
NORTH 66 DEGREES 27 MINUTES 09 SECONDS WEST, A DISTANCE OF 71.66 FEET
TO A POINT FOR CORNER;
NORTH 49 DEGREES 04 MINUTES 41 SECONDS WEST, A DISTANCE OF 48.14 FEET
TO A POINTT FOR CORNER;
NORTH 15 DEGREES 19 MINUTES 34 SECONDS EAST, A DISTANCE OF 76.17 FEET TO
A POINT FOR CORNER;
NORTH 56 DEGREES 16 MNI3TES 43 SECONDS NEST. A DISTANCE OF 240.62 FEET
TO A PONT FOR CORNER;
NORTH 71 DEGREES 36 MNUTFS 58 SFCONDS WEST, A DISTANCE OF 41.31 FEET
TO A PONT N THE WEST LINE OF AFORESAID 136.50 ACRE TRACT:
THENCE, ALONG THE WEST LINE OF SAID 136.50 ACRE TRACT, NORTH 00 DEGREES 27
MINUTES 30 SECONDS EAST. A DISTANCE OF 311.12 FEET TO .A POINT FOR CORNER;
TFIENCE, OVER AND ACROSS SAID 136.50 ACRETRACT, THE FOLLOWNG COURSES AND
DISTANCES:
SOUTH 89 DEGREES 23 MINUTES 28 SECONDS EAST, A DISTANCE OF 363.59 FEET
TO A POINT FOR CORNER;
SOUTH 37 DEGREES 34 MINUTES 43 SECONDS EASY. A DISTANCE OF 82,01 FEET TO
A POINT FOR CORNER;
SOUTH 56 DEGREES 06 MINUTES 05 SECONDS EAST, A DISTANCE OF 101.24 FEET
TO A PONT FOR CORNER;
SOUTH 35 DEGREES 57 MINUTES 01 SECONDS EAST, A DISTANCE OF 3,93 FEET TO
A POINT AT THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 41 DEGREES 26 MINUTES 10 SECONDS, A RADIUS OF 8600
FEET, AND A LONG CHORD THAT BEARS SOUTH 15 DEGREES 13 MINUTES 56
SECONDS EAST. A DISTANCE OF 60.85 FEET:
ALONG SAID TANGENT CURVE TO TFiE RIGHT. AN ARC DISTANCE OF 62.20 FEET
1'0 A POINT .AT THE BEGINNING OF .A COMPOUND CURVE TO THE RIGHT HAVING
A CENTRAL ANGLE OF 22 DEGREES 02 MINUTES 05 SECONDS, A RADIUS OF 166.00
FEET, AND A LONG Cz IORD THAT BE:;RS SOUTH 16 DEGREES 30 MINUTES 1
SECONDS WEST. A DISTANCE OF 63.45 FEET:
ALONG SAID COMPOUND CUR VP TQ TIT? RIGHT.. AN ARC DISTANCE OF 63.84 FEET
TO A POINT FOR CORNER:
SOUTH 27 DEGREES 31 MINUTES 14 SECONDS WEST, A DISTANCE 01= 314.77 FEET
TO A POINT AT THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HA VING A
CENTRAL ANGLE OF 01 DEGREE 56 MINUTES 21 SECONDS. A RADIUS OF 367.50
ISSLMUNICORM02198501tscatalESA EXHIBIT ALTERNATE.ooc
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PAGE 17
FEET, AND A LONG CHORD THAI' BEARS SOUTH 28 DEGREES 29 MINUTES 24
SECONDS WEST, A DISTANCE OF 12.44 FEET:
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 12.44 FEET
TO THE POINT OF BEGINNING AND CON'T'AINING 4.686 ACRES OF LAND. MORE OR
LESS.
HAEL J. BAITUP
% 4:374 _v
PAGE 18
EXHIBIT D
PAGE 19