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2000-135FILE REFERENCE FORM 2000-135 Additional File Exists Additional File Comains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended by Ordinance No. 2003-362 11/04/03 JR ORDIN CE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMEND1NG ORDINANCE NO 86- 173 TO PROVIDE FOR A DETAILED PLAN FOR 162 527 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 120 (PD-120) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED BETWEEN NORTH ELM STREET (US 77) AND LOOP 288 ROUGHLY 1500 FEET WEST OF NORTH LOCUST (FM 2164), PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-101) WHEREAS, on September 2, 1986, by Ordinance 86-173, the City Council approved a change an zomng for 412 12 acres of land to Planned Development 120 (PD-120) Zomng Dmtnct, and WHEREAS, on October 6, 1998, by Ordinance 98-324, the City Council approved an amended Concept Plan for 270 48 acres of land located within PD-120, and WHEREAS, on December 14, 1999, CIVIL works Engineering, on behalf of Locust/288 Partners, LTD, submitted a Detmled Plan for 162 527 acres of land located within PD-120 with the intent to develop a single-family residential subthmmon, and WHEREAS, on March 8, 2000, the Planning and Zoning Commission recommended approval of a Detmled Plan for such 162 527 acres, and WHEREAS, the City Council finds that the Detmled Plan will be consistent w~th the concept plan, and satisfies the reqmrements of Sections 35-136 and 35-155 of the Code of Ordinances of the C~ty of Denton, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ Ordinance No 86-173 providing for the approval of a Planned Development Zomng Dmtnct Classification and Use Designation for the property desanbed as PD-120 is amended by approving the Detmled Plan attached hereto and incorporated herein by reference as Exhtblt B for 162 527 acres located within PD-120, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, subject to the following eon&t~ons 70% of the ground floor exterior and 50% of the second floor exterior of each house shall be of a qualified masonry material Other siding surfaces shall be vaned ~n color 2 Fencing or screening along NlCOSm shall be reinforced by steel posts and shall feature masonry columns at a maximum of 50' on center SECTION 2 The provlsmns of thru ordinance as they apply to the 162 527 acres shown ~n the detailed plan hereto approved, shall govern and control over any eonflmtlng provisions of Ordinance No 86-173 and Ordinance No 98-324, but all the provisions of Ordinance No 86- 173 and Orrhnance No 98-324, as they apply to that remaamng pomon of the dlsmct not here~n amended, shall continue m force and effect and shall apply to the remmnder of said thsmct SECTION 3 A copy of thas ordinance shall be attached to Ordinance No 86-173 showing the amendment hereto approved ~ Any person wolat~ng any provision of this ordinance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a prowslon of thru ordinance is vmlated shall constitute a separate and d~stmct offense SECTION 5 Th~s ordinance shall become effective fourteen (14) days from the date of 1ts passage, and the C~ty Secretary ~s hereby chrected to cause the caption of this ordmance to be published twice m the Denton Record Chromcle, official newspaper of the Caty of Denton, Texas, w~thm ten (10) days of the date of its passage PASSED APPROVED th,s the dayo, ,2000 SA ~.~LLEI~., MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A LEGAL DESCRIPTION PARCEL "A" Being a tract of land situated in the Thomas Toby Survey Abstract No 1288 and the B B B & C R R Co Survey, Abstract No 186, C~ty of Denton, Denton County, Texas, said tract of land also being Tract II and a portion of Tract I as deeded to Locust/288 Partners, Ltd recorded in County Clerk's No 99-0025993 of the Deed Records of Denton County, Texas, sa~d tract of land being described by metes and bounds as follows BEGINNING at a set 5/8 inch capped iron md ("BHB INC") on the East right-of-way hne of Terhngua Street, a 40 foot road as dedicated on the final plat of Texas Instruments Add~bon, Lot 1, Block 1, as recorded in Cabinet G, Shale 48 of said Deed Records, from sa~d set 5/8 ~nch capped iron rod ("BHB INC"), a found 5/8 inch Iron rod In Riney Road, being the southwest corner of a tract of land as deeded to KDRC II, Limited Partnership, recorded ~n County Clerk's No 94-0066002 of said Deed Records, bears South 00 degrees 54 minutes 11 seconds West, a distance of 254 91 feet, THENCE North 00 degrees 54 minutes 11 seconds East, along sa~d East right-of-way hne, passing at 682 24 feet, a found 1/2 ~nch ~ron rod, being the southwest corner of smd Tract II, and continuing In all a distance of 2267 51 feet to a found 1/2 Inch iron rod at the northwest corner of said Tract II, from sa~d found 1/2 ~nch ~ron rod at the northwest corner of sa~d Tract II a found TXDOT monument (4" brass d~sk) bears, North 00 degrees 54 minutes 11 seconds East, a dmtance of 555 08 feet, THENCE South 89 degrees 05 minutes 08 seconds East, departing sa~d East nght-of-way hne and along the North line of said Tract II, a d~stance of 574 89 feet to a found 1/2 inch ~ron rod at the northeast corner of sa~d Tract II and being on the West hne of sa~d Tract I, THENCE North 08 degrees 01 minute 14 seconds East, along the West hne of said Tract I, a distance of 83 48 feet to a point on the South hne of a 75 foot easement deeded to Texas Mumc~pal Power Agency recorded ~n Volume 1133, Page 859 of said Deed Records, THENCE South 62 degrees 31 minutes 57 seconds East, along the South line of smd 75 foot easement, a distance of 1289 57 feet, THENCE South 89 degrees 25 minutes 06 seconds East, conbnumg along the South hne of said 75 foot easement, a distance of 160 32 feet to the West line of a tract of land as deeded to Denton 40 Joint Venture, recorded ~n Volume 2565, Page 72 of said Deed Records, THENCE South 01 degree 41 minutes 67 seconds West, along the West hne of said Denton 40 Joint Venture tract, a distance of 56 31 feet to a found 1/2 inch iron rod at the southwest corner of said Denton 40 Joint Venture Tract, from sa~d found 1/2 inch Iron rod, a found 1/2 Inch Iron rod bears, South 53 degrees 33 m~nutes 50 seconds East, a dmtance of 2 33 feet, THENCE South 89 degrees 11 minutes 11 seconds East, along the South hne of said Denton 40 Joint Venture tract, a d~stance of 1405 40 feet to a found 5/8 ~nch ~ron rod at a fence comer, being the northwest comer of a tract of land as deeded to Bob E Tnpp and David E Tnpp, Trustees, recorded in Volume 996, Page 376 of sa~d Deed Records, from said found 5/8 inch iron rod a found 1/2 inch iron rod, being the northeast corner of said Trlpp tract, bears South 89 degrees 17 m~nutes 11 seconds East, a distance of 1514 66 feet, THENCE South 01 degree 05 minutes 52 seconds West, along the West hne of sa~d Tnpp tract, a d~stance of 1114 97 feet to a found 1/2 ~nch ~ron rod at the northeast corner of Lot 2, Block A, Sandlin Add~bon, recorded ~n Cabinet O, Slide 132 of said Deed Records, from said found 1/2 inch iron rod, a found 1/2 ~nch capped ~ron rod ("COLEMAN"), being the southeast corner of sa~d Lot 2, bears South 01 degree 05 minutes 52 seconds West, a d~stance of 862 16 feet, THENCE North 89 degrees 08 minutes 45 seconds West, along the North hne of sa~d Lot 2, a d~stance of 1524 81 feet to a found 1/2 inch ~ron rod at the northwest corner of said Lot 2, THENCE South 01 degree 06 minutes 21 seconds West, along the West hne of sa~d Lot 2, a d~stance of 862 28 feet to a point, said point being on the North line of Lot 6, Block A, Donna Del Estates as recorded in Cabinet A, Shde 186 of sa~d Deed Records and on the South line of sa~d Tract I, said point also being the southwest corner of said Lot 2, from said point a found 1/2 inch ~ron rod bears South 01 degree 06 minutes 21 seconds West, a distance of 0 50 feet, also from sa~d point, a found 5/8 ~nch ~ron rod, being the northwest corner of Fallmeadow North Addition as recorded in Cabinet C, Slide 75 of said Deed Records, bears South 89 degrees 09 minutes 06 seconds East, a distance of 23 42 feet, THENCE North 89 degrees 09 m~nutes 06 seconds West, along the South line of sa~d Trsact I, passing at 973 78 feet a found 1/2 inch iron rod and continuing ~n all a d~stance of 1272 10 feet to a found 1/2 inch iron rod being the most southerly southwest corner of said Tract I, THENCE North 00 degrees 48 minutes 37 seconds East, along a West hne of said Tract I, a d~stance of 124 87 feet to a set 5/8 ~nch capped iron rod ("BHB INC"), THENCE North 22 degrees 46 m~nutes 29 seconds West, along a West hne of said Tract I, a d~stance of 207 56 feet to a found 1/2 ~nch ~ron rod, THENCE South 72 degrees 27 minutes 32 seconds West, along a South hne of sa~d Tract I, a distance of 175 51 feet to a set 5/8 tach capped ~ron rod ("BHB INC"), THENCE North 89 degrees 05 minutes 49 seconds West, along a South hne of said Tract I, a distance of 249 79 feet to the POINT OF BEGINNING containing 5,805,811 square feet or 133 283 acres SAVE AND EXCEPT a tract of land s~tuated ~n the Thomas Toby Survey, Abstract No 1288, Denton County, Texas, being the same tract of land as deeded to the C~ty of Denton recorded in Volume 556, Page 434 of the Deed Records of Denton County, Texas, sa~d tract being described by metes and bounds as follows COMMENCING at a point being the most southerly southeast corner of Tract I as deeded to LocustJ288 Partners, Ltd recorded in County Clerk's No 99-0025993 of sa~d Deed Records and also being the southwest comer of Lot 2, Block A, Sandhn Addition as recorded in Cabinet O, Shde 132 of the Deed Records of Denton County, Texas, from sa~d point, a found 1/2 ~nch iron rod beam South 01 degree 06 m~nutes 21 seconds West, a distance of 0 50 feet, THENCE North 89 degrees 09 minutes 06 seconds West, along the South line of sa~d Tract I, a distance of 973 78 feet to a found 1/2 inch ~ron rod, THENCE North 01 degree 13 m~nutes 57 seconds West, a distance of 62 13 feet to a found 1/2 inch iron rod, being the POINT OF BEGINNING, THENCE North 89 degrees 04 minutes 16 seconds West, along the South line of sa~d C~ty of Denton tract, a d~stance of 200 02 feet to a found 1/2 ~nch ~ron rod, THENCE North 00 degrees 54 minutes 05 seconds East, along the West I~ne of sa~d C~ty of Denton tract, a distance of 200 01 feet to a found 1/2 inch ~ron rod, THENCE South 89 degrees 03 minutes 33 seconds East, along the North line of sa~d City of Denton tract, a distance of 200 16 feet to a found 1/2 inch iron rod, THENCE South 00 degrees 56 minutes 33 seconds West, along the East line of sa~d C~ty of Denton tract, a distance of 199 97 feet to the POINT OF BEGINNING containing 40,017 square feet or 0 919 acre LEGAL DESCRIPTION PARCEL "B" Being all of Lot 2, Block A, Sandlin Addition as recorded ~n Cabinet O, Shde 132 of the Deed Records of Denton County, Texas EXHIBIT B |11111[ lllHh · II I llllhl