2001-093 ORDINANCE NO. c~g)~/- ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF LAND
COMPRISING APPROXIMATELY 534 ACRES IN THE CITY OF DENTON. TRACT TWO
IS LOCATED EAST OF INTERSTATE HIGHWAY 35 WEST AND WEST OF THE KANSAS
CITY SOUTHERN RAILWAY COM?ANY, EXTENDING SOUTH ALONG BONNIE BRAE
APPROXIMATELY 6~400 FEET NORTH OF U.S. HIGHWAY 377 TRACT 3 IS LOCATED
NORTHEAST OF THE INTERSECTION OF CORBIN AND BONNIE BRAE, PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (Z-00-021).
WHEREAS, the City of Denton has apphed for a change ~n zomng for 534 acres of land to
Agricultural (A) zomng district classification and use, and
WHEREAS, on November 8, 2000, the Planmng and Zoning Commission recommended
approval &the requested change in zomng, and
WHEREAS, the C~ty Council finds that the change ~n zoning will be in comphance w~th the
1999 Denton Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the zomng d~smct classification and use designation of the 534 acre property
as described m the legal description attached hereto and incorporated herein as Exlub~t A ~s changed
from temporary Agricultural (A) zomng district classification and use designation to Agricultural (A)
zomng d~stnct classification and use designation under the comprehensive zomng ordinance of the
City of Denton, Texas
SECTION III That the C~ty's official zoning map ~s amended to show the change m zoning
district classification
SECTION IV That any person vxolat~ng 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
wolated shall constitute a separate and d~stmct offense
SECTION V That this ordinance shall become effective fourteen (14) days from the date of~ts
passage, and the C~ty Secretary ~s hereby d~reeted to cause the caption of this ordinance to be pubhshed
twice in the Denton Reeord-Chromele, a dally newspaper pubhshed m the City of Denton, Texas,
within ten (10) days of the date or,ts passage
PASSED AND APPROVED th~s the,-J/./~//.day///~/J' of U~/,gg./_Z/~,'~'~*" "' ' 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
U.S. 377 Area - Tract 2
ALL that certain lot, tract or parcel of land lying and being situated m the County of Denton, State of
Texas, and being part of the O S Brewster Survey, Abstract Number 56, the W Sajws Survey,
Abstract Number 1174, the S Pntehett Survey, Abstract Number 1004, the J Edmondson Survey,
Abstract Number 400, the W Roark Survey, Abstract Number 1087 and being more particularly
described as follows
BEGINNING at a point m the present Denton city hm~t hne as established by Orchnance No 60-40,
stud pomt lying 500 feet southeasterly of and perpendmular to the centerhne of Interstate H~ghway 35
West, said point also lying on the west hne of the Kansas City Southern Railway Company (formerly
G C & S F Rtulroad),
THENCE South 20 degrees 50 m~nutes 12 seconds West, along the present Denton c~ty hmlt hne
established by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to stud Interstate
H~ghway 35 West centerhne, a d~stance of 3,638 feet to a point for comer,
THENCE South 26 degrees 51 minutes 40 seconds West, continuing along the mty limit hne
estabhshed by Ordinance No 69-40, Tract II, 500 feet southeasterly of and parallel to smd Interstate
Highway 35 West centerhne, a dmtance of 5,869 69 feet to a point for a comer ~n the south line of the
smd S Pntchett Survey, Abstract Number 1004, same being the south line of the S Pntchett Survey,
Abstract Number 1021 and the north hne of the tract described in Ordinance No 91-033, Tract III,
THENCE South 89 degrees 02 minutes 00 seconds East, along the c~ty hm~t hne estabhshed by
Ordinance No 91-033, Tract III and smd Survey hnes, a distance of 2,700 feet to a point for comer at
the northeast comer of the smd Tract III and the northeast comer of the J Hams Survey, Abstract
Number 555, same being the northwest comer of the W Roark Survey, Abstract Number 1087,
THENCE South 00 degrees 08 minutes 00 seconds West, continuing along the present Denton c~ty
limit hne esmbhshed by annexation Ordxnance No 91-033, Tract III and the east line of smd Hams
Survey and the west line of smd Roark Survey, to and along the middle of a County Road, known as
Bonnie Brae, a d~stance of 2621 35 feet to a point for comer, smd point being the Southwest comer of
a tract of land conveyed to Joab Partners L P recorded ~n Volume 4283 Page 855 Real Property
Records of Denton County, Texas,
THENCE South 89 degrees 29 minutes 08 seconds East along the South line of smd to Joab Partners L
P tract a d~stance of 1700 62 feet
THENCE North 88 degrees 46 m~nutes 32 seconds East along the South line of stud to Joab Partners L
P and the a North hne of a tract of land conveyed to V D Burch recorded m Volume 239 Page 137
Deed Records of Denton County, Texas a distance 1502 66 feet
THENCE North 00 degrees 47 m~nutes 19 seconds West along the Northerly West hne of stud V D
Bumh tract and passing the Northeast comer of stud Joab Partners L P tract and passing the Southeast
comer of the tract of land conveyed to New Time Investments Corporataon recorded in Volume 2399
Page 112 Real Property Records of Denton County, Texas and contlnmng along the East line of stud
New T~me Investments Corporation tract a d~stance 2294 14 feet to the Northeast comer of stud New
Time Investments Corporation tract and also being the Northerly most Northwest comer of said V D
Burch tract,
THENCE in a Southerly Direction the next following 7 calls along the East boundary of said V D
Burch tract and along and near the meridian of Hickory Creek,
1 THENCE South 84 degrees 05 minutes 01 seconds East a distance of 206 78 feet,
2 THENCE South 62 degrees 01 minutes 26 seconds East a distance of 242 77 feet,
3 THENCE South 55 degrees 31 minutes 24 seconds East a distance of 206 78 feet,
4 THENCE South 35 degrees 25 minutes 14 seconds East a distance of 298 70 feet,
5 THENCE South 07 degrees 50 minutes 35 seconds East a distance of 622 41 feet,
6 THENCE South 28 degrees 10 minutes 12 seconds East a distance of 400 35 feet,
7 THENCE South 07 degrees 13 minutes 55 seconds East a distance of 433 75 feet,
THENCE South 20 degrees 31 minutes 17 seconds East along a Burch East boundary line
a distance of 21 90 feet to a point for comer, said point being the northwest comer of the dlsannexatlon
tract established by Ordinance No 80-1, Tract III, said point being 500 feet northwesterly of and
perpendicular to the centerhne of U S Highway 377 and being on an annexation line established by
Ordinance No 69-40, Tract III,
THENCE North 43 degrees 51 minutes East along said present Denton city limits established by
Ordinance No 69-40, Tract III, 500 feet northwesterly of and parallel to the centerllne of U S
Highway 377 a distance of 986 feet to a point for comer, said point being the intersection of the west
right-of-way line of the Kansas City Southern Rmlway Company (formerly G C & S F Railroad) and
the southwest right-of-way line of the Union Pacific Railroad (formerly Texas and Pacific),
THENCE Northwesterly along the present Denton city limit line established by annexation Ordinance
65-43, Tract IV, and the west right-of-way line of the G C & S F Railroad an arc length of 1,877 feet
to a point for comer, said point being the southeast comer of City of Denton annexation Ordinance No
84-18 and said point lying on the south line of the A Hmkman Survey, Abstract Number 521,
THENCE West with the south line of said Hmkman Survey and the along the south line of said
Ordinance No 84-18, a distance of 1,680 feet to a point for comer, same being the southwest comer of
said Hlckman Survey,
THENCE North along the west boundary line of the said Hlckman Survey and a west hne of smd
Ordinance No 84-18, a distance of 1,029 feet to a point for comer lying in the centerlme of Hickory
Creek,
THENCE North 48 degrees 14 minutes 27 seconds West along the centerhne of Hmkory Creek a
distance of 302 06 feet to a point for comer,
THENCE South 81 degrees 14 minutes 33 seconds West along the centefl~ne of Hmkory Creek a
d~stance of 958 63 feet to a pmnt for comer,
THENCE South 58 degrees 07 minutes 54 seconds West along the centefl~ne of H~ckory Creek a
d~stance of 210 84 feet to a point for comer, smd point lying w~thm Bonnie Brae Road,
THENCE South 69 degrees 56 minutes 37 seconds West along the centerhne of Hmkory Creek a
d~stance of 350 feet to a pmnt for comer, smd point lying on the west hne of the J Edmonson Survey,
Abstract No 400 and the east hne of the S Pntchett Survey, Abstract No 1004,
THENCE North along smd Survey hnes a distance of 511 feet to a pmnt for comer, stud point being
the ~nner-ell comer of a tract conveyed to The Veteran's Land Board of the State of Texas by deed
recorded m Volume 966, Page 57 of the Deed Records of Denton County, Texas,
THENCE North 89 degrees 03 minutes 10 seconds West a d~stance of 297 45 feet to a point for comer,
THENCE North 89 degrees 03 minutes 10 seconds West a d~stance of 594 55 feet to a point for
comer, smd point being the southwest comer of a 13 33 acre tract conveyed to Asa W Yount et ux by
deed recorded m Volume 929, Page 734 of the Deed Records of Denton County, Texas,
THENCE North 89 degrees 03 minutes 10 seconds West a dmtance of 422 50 feet to a point for comer,
stud point being the southeast comer of a tract conveyed to The Veteran's Land Board of the State of
Texas by deed recorded in Volume 989, Page 401 of the Deed Records of Denton County, Texas,
THENCE North 26 degrees 51 minutes 20 seconds East a distance of 1,685 26 feet to a point for
comer,
THENCE South 89 degrees 24 m~nutes 20 seconds East a d~stance of 600 feet to a point for comer,
stud pmnt lying on the west hne of stud J Edmondson Survey, Abstract Number 400 and the east line
of stud W Sajws Survey, Abstract Number 1174, stud point also being a southwest comer of the
present Denton mty hm~ts established by annexation Ordinance No 84-18,
THENCE North w~th the east hne of stud W Sajws Survey and a west hne of stud Orthnance No 84-
18, a d~stance of 1,100 00 feet to a point for comer at the northeast comer of stud W Sajws Survey,
stud point also lying m an east and west county road (Corbln),
THENCE West w~th the North line of stud W Sajv~s Survey and a north hne of stud Ordinance No
84-18 and in an east and west county road (Corb~n) to the southwest comer of Lot 23 of the Solar Way
Adtht~on for,a comer,
THENCE North 01 degrees 18 minutes 49 seconds East a d~stance of 592 76 feet to a point for comer
at the northwest comer of Lot 21 of stud Solar Way Addition,
THENCE South 87 degrees 17 minutes 13 seconds East a d~stance of 387 56 feet to a point for comer
at the southwest comer of Lot 10 of stud Solar Way Addition,
THENCE North 04 degrees 55 minutes East a d~stance of 33 30 feet to a point at the southeast comer
of Lot 9 of smd Solar Way Addition,
THENCE North 42 degrees 52 m~nutes 40 seconds West a distance of 75 76 feet to a point for comer,
5
THENCE North 69 degrees 49 minutes 15 seconds West a distance of 80 26 feet to a point for comer,
THENCE North 14 degrees 56 minutes 43 seconds West a distance of 70 14 feet to a point for comer,
THENCE North 39 degrees 25 minutes 17 seconds West a distance of 119 03 feet to a point for comer,
THENCE North 02 degrees 30 minutes 08 seconds East a distance of 186 85 feet to a point at the
northwest comer of Lot 9 and the southwest comer of Lot 8 of said Solar Way Addition,
THENCE North 19 degrees 47 minutes 27 seconds East a distance of 713 54 feet to a point at the
northwest comer of Lot 1 of smd Solar Way Addition,
THENCE South 89 degrees 12 minutes 11 seconds East along the north boundary line of smd Lot 1 a
distance of 483 25 feet to a point for comer, said point lying 500 feet west of the east line of smd O S
Brewster Survey, Abstract No 56,
THENCE North 500 feet west of and parallel to the east line of smd O S Brewster Survey, a distance
of 700 feet to a point for comer,
THENCE East with the north line of satd Ordinance No 84-18, a distance ofS00 00 feet to a point for
comer m the west right of way line of said Kansas City Southern Railway Company, same point also
being In the present city limit line as established by Ordinance No 60-40,
THENCE Northwesterly with the western right of way line of smd Kansas City Southern Railway
Company and the present Denton city limit line as estabhshed by Ordinance No 60-40 along the
various calls a total chstance of 2,400 feet to the POINT OF BEGINNING and contmnlng in all 553
acres of land, save and except a 21 acre tract of land owned by Joe M Erwln described m an Extension
of Lien Instrument recorded in Volume 659, Page 25 of the Deed Records of Denton County, Texas,
for a net acreage of 532 acres
SAVE & EXCEPT TRACT
ALL that certain lot, tract or parcel of land situated m the County of Denton and State of Texas, 4-1/2
miles south 45 deg West from Denton and being part of the most northern S A Pntchett Survey, and
more particularly described as follows
BEGINNING 475 2 ws South of the northeast comer of the original survey, a rock,
THENCE West 594 vrs a rock for comer,
THENCE South 34 vrs a stake m the center of the channel of Hmkory Creek,
THENCE down the center of the channel of Hickory Creek as it meanders to a point where smd creek
crosses the east boundary line of the original survey,
THENCE North with smd east boundary line 184 vrs to the PLACE OF BEGINNING, contmmng 21
acres of land, more or less
6
U S. 377 Area -Tract 3 Exhibit A
All that cert~un lot, tract or parcel of land lying and being situated in the County of Denton, State of
Texas, and being part of the O S Brewster Survey, Abstract Number 56 and also being part of a tract
of land as conveyed from Earl W Wilson to Sue M Wilson by deed as recorded m Volume 774, Page
633, Deed Records, Denton County, Texas, same being the save & except tract as described in City of
Denton annexation Ordanence No 84-18, and being more particularly described as follows
BEGINNING at an old iron pm at a fence comer at the southeast comer of said 2 11 aero tract and in
the east boundary line of smd O S Brewster Survey, Abstract Number 56 and being in the present
Denton city limits as established by Ordinance No 84-18,
THENCE South 87 degrees 03 minutes 10 seconds West along the present Denton city limits as
established by Ordinance No 84-18 and with said fence, a distance of 269 36 feet to a steel pin at a
fence comer in the east right of way line of Bonme Brae Street, a public road,
THENCE North 20 degrees 55 minutes East along the present Denton city limits as established by
Ordinance No 84-18 and with the east right of way line of sa~d Bonnie Brae Street, a distance of 420 5
feet to a steel pin at a fence comer and being the southwest comer of a tract out of said 2 11 aero tract
as descnbed,m a deed from Lavella Barber to JH Howard and wife, on November 14, 1964, and
recorded in Volume 516, Page 140, Deed Records, Denton County, Texas,
THENCE South 72 degrees 12 minutes 40 seconds East along the present Denton city limits as
established by Ordinance No 84-18 and with said fence, a distance of 124 85 feet to a steel pin at a
fence comer in the east line of smd 2 11 acre tract and of said O S Brewster Survey, Abstract Number
56,
THENCE South along the present Denton city limits as established by Ordinance No 84-18 and with
smd fence and smd O S Brewster Survey, Abstract Number 56, a distance of 340 8 feet to the POINT
OF BEGINNING and contmmng 1 654 acres of land