2007-067
S:\Our Documcnts\Ordinances\07\CA06-0008 Draft Ordinance 3.20,07.DOC
ORDINANCE NO. 2007-/)/; 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE
CITY OF DENTON, TEXAS, THE AREA FOR AMENDMENT ENCOMPASSING A 152.9-
ACRE TRACT OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF IH-35, NORTH
OF WEST UNIVERSITY DRIVE / U.S. 380 AND WEST OF BONNIE BRAE STREET, AND
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A",
ATTACHED HERETO, AND DEPICTED ON EXHIBIT "B", ATTACHED HERETO, AND
LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED IN THE FRANCIS BASTON
SURVEY, ABSTRACT NO. 43, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (CA06-0008)
WHEREAS, pursuant to Denton Development Code S35.3.3.C.l.c, the City Manager has
recommended an amendment to the Land Use Plan of the land element ofthe Denton Plan for 152.9
acres of land from "Existing Land Use", "Neighborhood Centers" and "Community Mixed Use
Centers" land use designations to "Regional Mixed Use Centers" and "Neighborhood Centers" land
use designations, as requested by Allegiance Development; and
and
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999-2020;
WHEREAS, on March 14, 2007, the Planning and Zoning Commission recommended
approval of the Land Use Plan Amendment; and
WHEREAS, the City Council finds that the Land Use Plan Amendment is in the best
interests ofthe health, safety and general welfare of the citizens of the City of Denton, Texas; 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 the City Council hereby finds that all legal criteria for approval
have been satisfied, including those set forth in S35.3.3B of the Denton Development Code.
SECTION 2. The Land Use Plan is hereby amended for 152.9 acres ofland, depicted on the
map attached hereto and incorporated herein by reference as Exhibit "B", and more particularly
described in the legal description attached hereto and incorporated herein by reference as Exhibit "A"
(the "Property").
SECTION 3. The City's official land use map is amended to show the change in the land use
designation.
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. This ordinance shall become effective immediately from and upon its approval.
PASSED AND APPROVED this the 27ciJay of III iJ/(j,h
,2007.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M S~QFR,.cr:r-y.-Ar-TO~Y
BY.C~/ '
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EXHIBIT A
LEGAL DESCRIPTION
BEING a ] 52.925 acre tract of land situated in the Francis Baston Survey, Abstract Number 43,
Denton County, Texas, in the City of Denton, being a portion of the tract ofland described as Tract
Two in the deed to Allegiance HilIview, LP, recorded in Document Number 2006-4] 743, Deed
Records of Denton County, Texas, and a portion of the tract of land described in the deed to
Allegiance Hillview, LP, recorded in Document Number 2006-41738, Deed Records of Denton
County, Texas, and all of the tracts of land described in the deeds to Allegiance Hillview, LP,
recorded in Document Number 2006-41741, and Document Number 2006-50702, Deed Records of
Denton County, Texas, and a portion of the tract of land described in the deed to Mesquite Creek
Development, Inc., recorded in Volume 14562, Page 683, Deed Records of Denton County, Texas,
said 152.925 acre tract ofland being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc, LP" set in
the northerly right-of-way line of West University Drive (U.S. Highway 380, a 100 foot wide right-
of-way) for the most southerly southeast comer of Lot 1, Sandy Addition, an addition to the City of
Denton according to the plat recorded in Volume 13, Page 47, Plat Records of Denton County,
Texas;
THENCE with the northerly right-of-way line of West University Drive the following:
North 88045'00" West a distance of 448.00 feet passing a 5/8 inch iron rod found for the
southwesterly comer of said Lot I, Sandy Addition in all a total distance of773.39 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "Dunaway Assoc, LP" set for comer;
North 88033'20" West a distance of 1,684.90 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP" set for comer;
THENCE departing the northerly right-of-way line of West University Drive North 00046'38" East a
distance of 258.10 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc,
LP" set for comer;
THENCE North 43052'35" West a distance of21.34 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Dunaway Assoc, LP" set for comer;
THENCE North 88031 '49" West a distance of292.99 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Dunaway Assoc, LP" set for comer;
THENCE North 01028']]" East a distance of80.00 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Dunaway Assoc, LP" set for comer;
THENCE North 8803] , 49" West a distance of286. 72 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Dunaway Assoc, LP" set in the easterly line of Lot ], Block A, Porter/Andrus
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Addition, an addition to the City of Denton, according to the plat recorded in Cabinet 0, Page 45,
Plat Records of Denton County, Texas;
THENCE with the easterly line of said Lot I, Block A, North 00043' 4 7" West at a distance of39.64
feet passing the common easterly comer of said Lot 1, Block A, and Lot 2, Block A, Porter/Andrus
Addition, an addition to the City of Denton according to the plat recorded in Cabinet V, Page 856,
Plat Records of Denton County, Texas, departing the easterly line of said Lot I, Block A, with the
easterly line of said Lot 2, Block A, in all a total distance of221.98 feet to a 1/2 inch iron rod found
for the common easterly comer ofthe tract ofland described in the deed to Allegiance Hillview, LP,
recorded in Document Number 2006-41741, Deed Records of Denton County, Texas and said Lot 2,
Block A;
THENCE with the common line of said Allegiance Hillview tract (2006-41741) and said Lot 2,
Block A, Porter/Andrus Addition the following:
North 88033'32" West a distance of 400.81 feet to a 1/2 inch iron rod found for the northwest comer
of said Lot 2, Block A, Porter/Andrus Addition;
South 01038'29" West a distance of 27.68 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP" set in the southerly line of said Allegiance Hillview tract (2006-
41741) for the northeasterly comer of Lot 2R, Block 1, Alvin & Charlotte Whaley Addition, an
addition to the City of Denton according to the plat recorded in Cabinet I, Page 148, Plat Records of
Denton County, Texas;
THENCE departing the common line of said Allegiance Hillview tract (2006-41741) and said Lot 2,
Block A, Porter/Andrus Addition with the northerly line of said Lot 2R, Block 1, Alvin & Charlotte
Whaley Addition North 88023'07" West a distance of400.60 feet to a 1/2 inch iron rod found in the
easterly right-of-way line of Interstate Highway 35W (a variable width right-of-way) for the
southwesterly comer of said Allegiance Hillvicw tract (2006-50702);
THENCE departing the northerly line of said Lot 2R, Block 1, Alvin & Charlotte Whaley Addition
with the easterly right-of-way line ofInterstate Highway 35W North 15034' 50" West a distance of
633.81 feet to a 1/2 inch iron rod found for the southwesterly comer of Greenway Club Estates, an
addition to the City of Denton according to the plat recorded in Volume 4, Page 27, Plat Records of
Denton County, Texas;
THENCE departing the easterly right-of-way line ofInterstate Highway 35W with the southerly line
of said Greenway Club Estates the following:
North 73053'24" East a distance of 519.22 feet to a 1/2 inch iron rod found for comer in a non-
tangent curve to the right, the radius point of said curve being situated South 16057'22" East a
distance of 345.00 feet from said iron rod;
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Northeasterly along said curve through a central angle of 16045'31" an arc distance of 100.91 feet
with a chord bearing of North 81025'23" East and a chord distance of 100.55 feet to a 1/2 inch iron
rod found for the end of said curve;
South 89032'03" East a distance of364.57 feet to a 3/4 inch iron rod found in the westerly line of
said Allegiance Hillview tract (2006-41743) for the southeast comer of said Greenway Club Estates;
THENCE departing the southerly line of said Greenway Club Estates with the easterly line of said
Greenway Club Estates North 00033' 11" West a distance of 450.46 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "Dunaway Assoc, LP" set for the southwest comer of Block 1, Westgate
Heights Phase 1 according to the plat recorded in Cabinet E, Page 77, Plat Records of Denton
County, Texas;
THENCE departing the easterly line of said Greenway Club Estates with the southerly line of said
Block 1, Westgate Heights Phase 1 the following:
North 89035'31" East a distance of 48.01 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP" set for comer;
South 87012'35" East a distance of 1,043.04 feet to a 5/8 inch iron rod found for the southeasterly
comer of said Block I, Westgate Heights Phase 1;
THENCE departing the southerly line of said Block 1 , Westgate Heights Phase 1 with the easterly
line of said Block 1, Westgate Heights Phase I North 00055' 15" East a distance of 318.04 feet to a
1/2 inch iron rod found for the southwest comer of the tract ofland described in the deed to The
Estate ofJess Newton Rayzor, Lola LaCrosse, Trustee recorded in Document Number 2005-87420,
Deed Records of Denton County, Texas;
THENCE departing the easterly line of said Block 1, Westgate Heights Phase 1 with the southerly
line of said Jess Newton Rayzor Estate tract South 88051 '35" East at a distance of 2,048.65 feet
passing a found 5/8 inch iron rod in all a total distance of2,067.29 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "Dunaway Assoc, LP" set for comer in the westerly right-of-way line of
Bonnie Brae Street (a variable width right-of-way);
THENCE departing the southerly line of said Jess Newton Rayzor Estate tract with the westerly
right-of-way line of Bonnie Brae Street the following:
South 00059'30" West a distance of 1,455.41 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP" set for the northeast comer of said Lot 1, Sandy Addition;
South 00049' 16" West a distance of 568.70 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Dunaway Assoc, LP" set for the most easterly southeast comer of Lot 1, Sandy Addition;
South 46011 '16" West a distance of90.93 feet to the POINT OF BEGINNING;
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CONTAINING a computed area of 152.925 acres (6,661,420 square feet) ofland.
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. , . ,
EXHIBIT B
DENTON PLAN AMENDMENT
Neighborhood
Center
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