2007-279s:\our daeuments\ordinances\07\s07-0014.dx
ORDINANCE NO.oS6V7-, 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDED
SPECIFIC USE PERMIT TO ALLOW GAS WELL DRILLING AND PRODUCTION ON
APPROXIMATELY 45.715 ACRES OF LAND GENERALLY LOCATED AT THE NORTHEAST
CORNER OF BONNIE BRAE AND ROSELAWN DRIVE AND CURRENTLY ZONED
NEIGHBORHOOD RESIDENTIAL 4 (NR-4); PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE. (507-0014)
WHEREAS, Landmark Surveyors, has applied for a Specific Use Permit to allow gas well
drilling and production on property currently zoned Neighborhood Residential 4 (NR-4), generally
located at the northeast corner of Bonnie Brae and Roselawn Drive, and more particularly described
in Exhibit "A", attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on October 24, 2007, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested Specific Use Permit as
conditioned; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the
Development Code, particularly the approval criteria set forth in Subchapter 6; 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 as true.
SECTION 2. A Specific Use Permit to allow gas well drilling and production on a property
currently zoned NR-4 is hereby approved, subject to the following conditions:
A visually appealing screen fence shall be installed around all gas well facilities
within 90 days after completion of drilling.
Development and operation of the gas well development shall be subject to the
further limitations of the proposed Amended Gas Well Plat attached hereto as Exhibit
.B„
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.
Ooui documents\ordinanccs\07\s07-0014.dw
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 of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the //M day of '2007.
PERK . M MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~Lf LGI~GZ~C~/
Y
APPROVED AS TO LEGAL FORM:
EXHIBIT A
FIELD NOTES
45.715 ACRES
BEING all that certain lot, tract or parcel of land situated in the O. Brewster
Survey Abstract Number 56 and in the J. Edmondson Survey Abstract Number
400 and in the Asa Hickman Survey Abstract Number 521 in the City of Denton,
Denton County, Texas, being all that certain tract of land conveyed by deed from
Estate of Larry B. White Sr. to Estate of Edgar Horace Linden recorded in
Volume 3378, Page 412, Real Property Records Denton County, Texas and
being all that certain tract of land conveyed by deed from Vivian Mae (Ables)
Vaughn et al to Alan R. Chamberlain and Curtis J. Elder recorded in Volume
4542, Page 950, Real Property Records, Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a fence corner for corner in the east line of South Bonnie Brae, a
public roadway, said point being the southwest corner of that certain tract of land
conveyed by deed from Earl M. Wilson to Sue M. Wilson recorded in Volume
774, Page 633, Deed Records, Denton County, Texas;
THENCE N 86° 22' 52" E, 267.97 feet with the south line of said Wilson tract to a
fence corner for corner in the west line of that certain tract of land conveyed by
deed from Boyd Newman and Weldon O. Taylor to Om P. Singla et al recorded
in Volume 1174, Page 134, Deed, Denton County, Texas and in the west line of
the A. Tompkins Survey Abstract Number 1246;
THENCE S 00° 25' 13" E, 333.04 feet with said west line of said Singla et al tract
and with said west line of said Tompkins Survey to an iron rod found for corner in
the north line of said J. Edmondson Survey Abstract Number 400 said point
being the southwest corner of the A. Tompkins Survey Abstract Number 1246;
THENCE N 89° 58'48" E, 814.11 feet with the south line of said Singla et al tract
and with the south line of said Tompkins Survey to an iron rod found for corner,
said point being the southwest corner of said Chamberlain and Elder tract;
THENCE N 00° 03'42" E, 407.91 feet with the west line of said Chamberlain and
Elder tract to an iron rod found for corner, said point being the northwest corner
of said Chamberlain and Elder tract;
THENCE N 89° 14' 28" E, 561.23 feet with the north line of said Chamberlain
and Elder tract to an iron rod found for corner in the west line of the Gulf,
Colorado and Santa Fe Railroad right-of-way;
THENCE along the arc of a curve to the right having a central angle of 00° 43'
35" a radius of 7565.10 feet, an arc length of 95.90 feet, whose chord bears S
30° 28' 49" E, 95.89 feet with said west line of said Railroad Company right-of-
way to a cross-tie fence corner for corner;
THENCE along the arc of a curve to the right having a central angle of 08° 15'
00" a radius of 5654.70 feet, an arc length of 814.23 feet, whose chord bears S
25° 38' 27" E, 813.52 feet with said west line of said Railroad Company right-of-
way to a cross-tie fence corner for corner in the west line of Home Acres, an
addition to the City of Denton, Denton County, Texas according to the plat
thereof recorded in Volume 1, Page 71/2, Plat Records, Denton County, Texas;
THENCE S 00° 19' 17" W, 470.58 feet with said west line of said Home Acres to
a cross-tie fence corner for corner in the north line of Roselawn Road, a public
roadway;
THENCE N 84° 19' 50" W, 692.45 feet with said north line of said Roselawn
Road to a 36" oak tree for corner;
THENCE N 77° 44' 47" W, 283.79 feet with said north line of said Roselawn
Road to an iron rod set for corner in the east line of said J. Edmondson Survey
Abstract Number 400;
THENCE N 89° 45' 37" W, 1235.09 feet with said north line of said Roselawn
Road to a fence corner for corner in said east line of said South Bonnie Brae;
THENCE N 11° 34' 43" E, 510.58 feet with said east line of said South Bonnie
Brae to a fence post for corner;
THENCE N 05° 42' 48" E, 555.89 feet with said east line of said South Bonnie
Brae to the PLACE OF BEGINNING and containing 45.715 acres of land.
Exhibit B
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