2007-031
ORDINANCE NO. 2007-/)3/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE APPROVAL
OF A DETAILED PLAN FOR 10.3 ACRES LOCATED WITHIN PLANNED DEVELOPMENT
132 (PD-132) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED AT
THE NORTHEAST CORNER OF SHADY SHORES ROAD AND THE RAILS TO TRAILS
RIGHT-OF-WAY, WEST OF SWISHER ROAD IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z06-0027)
WHEREAS, on November 17, 1998, by Ordinance 98-394 the City Council approved an
amended Concept Plan for 427.6 acres ofland within Planned Development 132 (PD-132) zoning
district, as more particularly described therein; and
WHEREAS, on August 21, 2006, BGO Architects applied for Detailed Plan approval for
10.3 acres ofland located within Tract C ofPD-132 and more particularly described in Exhibit "A"
attached hereto and made a part hereof as Exhibit "A" ("the Property"), said Detailed Plan being on
file in the offices ofthe City's Planning Department, a copy of which is attached hereto and made a
part hereof as Exhibit "B" (the "Detailed Plan"); and
WHEREAS, on January 10, 2007, the Planning and Zoning Commission recommended
approval of the Detailed Plan; and
WHEREAS, the City Council finds that the Detailed Plan is consistent with the Concept Plan
for PD 132; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. 98-394 providing for the approval of an amended Concept Plan
for the Planned Development Zoning District Classification and Use Designation for the property
described as PD-132 is amended by approving the Detailed Plan for the Property, subject to the
following conditions:
The Owner of the Property shall execute a hold harmless agreement in recordable form prior
to final plat approval holding the City harmless from any damages caused to the Property or
improvements thereon, arising out ofthe City's use of, or any work performed in (including
without limitation damage caused by a breakage or leakage in the City's water lines) the
City's utility easement, which is shown on the Detailed Plan and being generally parallel to
the rails to trails right-of-way.
SECTION 3. The provisions of this ordinance as they apply to the Property shall govern and
control over any conflicting provisions of Ordinance No. 98-394, but all the provisions of Ordinance
No. 98-394, as they apply to that remaining portion of the district not herein amended, shall continue
Page I of4
in force and effect and shall apply to the remainder of said district.
SECTION 4. The City's official zoning map is amended to show the approval of the
Detailed Plan.
SECTION 5. 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 6. 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 7. That 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 !/fIi
day of f~hn( an;
6:.~!J;;Y/JJ
PERRY . McNEILL, MAYOR
,2007.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
/)
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDE CITY A TTO
BY:
Page 2 of 4
EXHIBIT A
BEGINNING at 0 1/2-inch iron rod found at 0 southeast corner of 0 called
273.609 acre tract of land described in {] Special Warron Iy Deed to
Lumbermen's Investment Corporation, os recorded in Instrument Number
2005- 1 16256, of the Deed Recards 01 Den ton Coun Iy, Texas, said comer
olso being on the northeasterly line of 0 tract of lond described in 0
Quitcfaim Deed to the City of Denton, Texas, as recorded in County Clerk's
Document Number 93-R0058485, of the Real Properly Records of Denton
County, Texas;
THENCE North 38'59'33" East. deporting the northeasterly line of said City
of Denton, Texas trod, olang the northwesterly line of said 25.92B ocre
trac! of land and the southerly line of said 273.609 acre tract of Jand, 0
distance of 641.09 feet to 0 112-inch iron rod found for corner;
THENCE South 54,'33'14" East, deporting the southerly line of said 273.609
acre tract of land, 0 distance of 251.60 feet to a SIB-inch "800" capped
iron rod set for 0 corner:
THENCE South 35'26'46" West. a distance of 129.81 feet to 0 518-inch
"BOD" copped Iron rod set for a corner;
THENCE South 06'58'08" East, 0 distance of 333.42 feet to a 518-inch
"SOD" capped Iran rod set far a carner;
THENCE South 12'19'19" East, a distance of 382.46 (eei to 0 SIB-inch
"BOD" capped Iran rod set for a corner;
THENCE South 86'12'49" East, a distance of 300.47 feet to 0 Sl8-inch
"BOD" copped iron rod set for a corner;
THENCE South 00'12'21" West, 0 distance of 222.42 feat to 0 5/8-lnch
"BOD" copped iron rod set for a corner in the North line of Shady Shores
Rood (variable width right of way) and also being on the South line of
said 25.928 acre tract of land;
THENCE North 86'12'49" West, along the North line of Shady Shores Rood
and the South line of said 25.928 acre tract of land, 0 distance of 399.89
feet to a 112-inch iron (ad found for corner on the northeasterly fine of
said City of Denton, Texas tract, soid comer being the beginning o( 0
non-tangent curve to the left, having 0 radius of 2387.22 feet;
THENCE northwesterly, departing the north line of said Shady Shares Road,
along the southwesterly line of said 25.928 acre tract of land, the
northeasterly line of said City of Denton, Texas traef, ond along said curve,
hoving 0 centrol angle of 14'47'58", an ore distance of 616.62, and 0 chord
bearing Qnd distance which bears North :36'55'14." Wes!, 614.91 feet to 0
corner;
THENCE North 45':32'54" West, non- tongent to said curve, continuing along
the southwesterly line of said 25.928 acre tract and the northeasterly line
of said City of Denton, Texas tract, 0 distance of 260.24 feet to the
POINT OF BEGINNING and containing 447.492 square feet or 10.273 acres of
{and, more or less.
Page 3 of 4
EXHIBIT B
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Page 4 of 4
After Recording Return Copy To:
Ed Snyder, CiTy Attorney
225 E. McICtmey
Denton, TX 76201
HOLD HARMLESS AND RESTRICTIVE COVENANT AGREEMENT
STATE OF TEXAS }
} KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF DENTON }.
THIS agreement is made and entered into as of the J~ day of r!=/.~
2007, by and between the City of Denton, Texas (the "City") and Transcontinental Realty
Investors, Inc., a Texas Corporation (the "Property Owner's .
The Property Owner is the owner and developer of certain real property located in the
City of Denton, County of Denton, Texas known as the Preserve at Pecan Creek Apartments,
more particularly described in Exhibit A attached hereto and made a part hereof by reference (the
"Property'; and
As a condition of approval of a detailed plan by the City pursuant to Ordinance No. 2007-
031, the Property Owner has agreed to enter into this agreement; and
The Property Owner has applied for final plat approval of the Property, which is
described as Lot 1, Block A of the Preserve at Pecan Creek Apartments, an addition to the City
of Denton, Denton County, Texas; and
The Property Owner understands that along the most southwesterly property line of the
Property is a City utility easement more particularly described in those certain instruments from
7.W. Ward to the City recorded in Vol. 417, Page 594 of the Real Property Records of Denton
County, Texas and from Mattie B.H. Baker to the City recorded in Vo. 417, Page 596 of the Real
Property Records of Denton County, Texas (the "Utility Easement"); and
The Property Owner hereby agrees to hold harmless the City, its employees, agents,
successors, and assigns from any and all damages caused to the Property or improvements
thereon, arising out of the City's use of, or any work performed in the Utility Easement,
including without limitation damage caused by a breakage or leakage in the City's water lines.
No subsequent change in the law shall in anyway affect the validity or enforceability of
this agreement.
The Property Owner, as the sole owner of the Property, hereby declares that all of
the Property shall be held, sold and conveyed subject to the coveuants contained herein
which are covenants touching and running with the Property and shall be binding on all
parties having any right, title or interest in the Property or aoy part thereof, either uow or
in the future, and their successors, heirs and assigns, and shall inure to the benefit of the
Property Owner, the City and their successors and assigns. These Restrictive Covenants
shall be recorded in the Real Property Records of Denton County, Texas and may oat be
released without the express written approval of the City that is recorded in the Real
Property Records of Denton County.
The parties hereto have executed this agreement to be effective as of the date first above
written (the "Effective Date'.
TRANSCONTINENTAL KEALTY
Its President
THE CTI'Y OF DENTON TEXAS
By: f ~_
George C Campbell, City Manager
215 E. McKinney
Denton, Texas 76201
ATTEST:
WALTERS, QITY SECRETARY
APP~jbVED AIS TO LEGAL FORM:
EDWIN M. SI~E~ CITY ATTORNEY
BY:
Agreement -Page 2
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON §
This instrument was acknow edged before me on this 13~ day of
~~~ ~~ 2007 by ~ the president of Transcontinental
Realty Investors, Inc., a Texas corporation, on be f of said cotporation.
`i ~- - PATRICIA M. MURPHY ._
t` ~ `L ~ ~: Notary Public, State of Texas
i; ~~ My Commission Expires '
,; . ' October 28, zoo9 Notary Public in and for
"` ` State of Texas
STATE OF TEXAS
COUNTY OF DENTON
This instrument is ' acknowledged before me, on this ~~ day of
~~,~,~, ,.2007 by George C. Campbell, .1 City Manager of the City of
Denton, a municipal corporation, on behalf of said municipal corporation.
~o~~rpys oy LINDA HOLLEY
Notary Public, State of Texas
,~~ My Commission Expires
':'„~o[~~~°~ December 08, 2009
mnn"
otaz Public in and for
State of Texas
Ageement -Page 3
EXHIBIT A
BEGINNING at o 1/2-inch iron rod found of a southeast corner of a salted
273.609 ocre treci of land described in a Special Warranty Deed to
Lumbermen's lnvesimenf Corporation, as recorded in Instrument Number
2005-1762SE, of 6he Deed Records of Denton County, Texas, said corner
also being on the northeasterly tine of ^ tract of fond described in a
Quitclaim Deed to the City of Denton, Texas, as recorded in County Clerk's
Document Number 93-RG058485, of the Reol Property Records of Denton
County, Texas;
THENCE North 38'59'33" East, depar#ing the northeosferty hoe of said City
of Denton, Texas tract, along the northwesterly tine of said 25.928 ocre
tract of land end the southerly tine of seid 273.609 acre tract of land, o
distance of 641.09 feet to a 1/2-inch iron rod found for corner,
THENCE South 54'33'74° East, departng the southerly hoe of said 273.609
acre tract of fond, o distance of 251.60 feet fo a S/8-inch "BDD" copped
iron rod set for a cerner;
THENCE South 35'26'46"' 'Nest, a dis*.ar.ce of 729.87 feat to a 5/8-inch
"8CD" capped iron rod set for o corner;
THENCE South 06'S8'OB" East, a distance of 333.42 feet to 0 5/8-inch
"BDD" capped iron rod set for o corner;
TI•IENCE South i2"79'79° East, n disto.nce of 382.4& fee! to 0 5/8-inch
"BDD" capped ;ran rod set for o corner;
THENCE South 86'72'49" East, o distcnce of 300.47 feet to 0 5/8-inch
"BDD" copped iron rod set far o corner;
THENCE South 00'72"27" West, o distcnce of 222.42 feet to a 5/8-inch
"BDD" capped iron rod set for a corner in the North line of Shady Shores
Rood (variable width right of vioy) end o!so being on the South line of
said 25.928 ocre frost of !and;
THENCE North 86'72'49" Vlest, along the North l;ne of Shady Shores Rood
and the South 1•'ne of seid 2S.928 ocre tract cf tend, a distance of 399.89
feet too I/2-inch iron rod found for corner on the northeasterly line of
said City of Denton, 'Texas tract, saki corner being the beginning of a
non-tangent curve to the left, hovir,g o radius of 2387.22 feet;
Tt-iENCE ncrihwesterry, departing the north line of said Shady Shores Rood,
olor,g the southwesterly line of said 25.928 ocre tract o1 fond, the
norlheesteriy tine of said Crty of Denton, Texas frost, and along said curve.
having a central angle of 14'47'58"', cn arc ci;siance of 676.62, and a chord
bearing end distance which bears North 36'55'74." West, 674,97 feet to a
corner;
'THENCE North 45'32'54" West, non-tangent to said curve, continuing along
the southwesterly fine of said 25.928 acre ircct and the northeasterly tine
of said City of Denton, Texas tract, a distcnce of 260.24 feet to the
POMT OF BEGINNING and containing 447,492 square feet or 70.273 acres of
land, more or less.
Page 3 of 4