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HomeMy WebLinkAbout1996-111Z-96-002 R2 ORDINANCE NO -1 w _ M AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 94-037A AND 96-059, BY APPROVING A CORRECTED LEGAL DESCRIPTION APPLICABLE TO BOTH, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr William Dahlstrom, on behalf of Mr Craig Irwin, initiated an amendment to Ordinance 94-037A to increase the density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2% stories to 3 stories for 11 92 acres located on the south- east corner of Bernard and Collins Streets, and WHEREAS, on February 28, 1996, the Planning and Zoning Commis- sion recommended approval of the amendment to Ordinance 94-037A, and WHEREAS, the City Council found that such amendment to Ordi- nance 94-037A was in compliance with the Denton Development Plan, and approved ordinance 96-059 to effect the change in zoning, and WHEREAS, it was subsequently discovered that the legal description attached to Ordinance 94-037A contained a minor error, and WHEREAS, the City Council finds that the error was minor and not material to any zoning uses allowable on the property, nor to any prior decision to zone or rezone the property, and that Ordinances 94-037A and should be further amended to correct the legal description attached thereto, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Ordinance 94-037A is hereby amended by replacing the legal description attached thereto with the legal description attached hereto and incorporated herein as Exhibit 1 SECTION II That Ordinance 96-059 is hereby amended to incorporate by reference the corrected legal description attached hereto and incorporated by reference herein as Exhibit 1 SECTION III That a copy of this ordinance shall be attached to all copies of Ordinances 94-037A and 96-059, showing the changes herein made SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /J day of _, 1996 AT' JE] LIM AP HERBERT L PROUTY, CITY ATTORNEY PAGE 2 iY;F }'}p} FIELD NOTES 11.02 Act* Zoning District Tract All that Certain 11.92 tore trod or paroai of land situated In the Alexander HIII Survey, Abstract Number W Denton County, Tom and being all of that tract conveyed 10 Dais Irwin st al by dead recorded In Volume 3Y70, page 936 Rsai property Records Of mid county and all of Lot One, Block One of The Sun Country Addition, an addition to the City of Denton as shown by pet or amp reoorded In Cabinet "F", page 390 Plat Records of said county, and certain addlflonat land contained within the public rW-ofw &W of Bernard and Caging Sweets, said 11.92 sot* treat being more particularly, described m follows: Beginning at a ha 4rich Iron pin found now a crow I* fence comer post, said pin being the northeast comer of said Irwin tract, also being In the occupied south right Of way line of Collin SUM; Thence South 00 degnea 63 n9nutaa 23 seconds West with the east line of said Irwin tract a distance of 460.98 feet to a halt -Inch Iron pin found now a fence caner post, said pin being the Southeast comer of saki Irwin Waal, also being the northeast comer of raid Lot One; Thence South 00 degrees 49 minutes 47 second* West with the seat line of mid Lot One a distance of 2773.43 feet to a cedar fence comer post for the occupied eouthm*t comer of Lot One; Thence South 89 degrees 31 minutes 19 seconds West a distance of 600.88 feat to a half -Inch Iron pin found at the most southerly southwest caner of Lot One, game being the southeast corner of a treat conveyed to Kenneth M. Hendrick by deed recorded In Volume 1220, page 466 Real Property Records; Thence North 00 degrees 00 minutes 44 **condo East, pegging at 00.00 feet the northeast comer of mid Hendrick tract, Sams being the southeast comer of a tract conveyed to Patrick Pratt by deed recorded in Volume 1246, page 247 Real Property Rom 9 and continuing on a total dMawe of 120.00 hat to a half -Inch Iron pin found at the northeast comer of said Pratt tact, gam* being an Inner ell corner of said Lot One; Thence South 89 degrees 31 minutes 19 seconds Weal a distance of 150.33 feet to a *4641911ts copper coaled Iron rod found In the ssat right of way line of Bernard Stt*gi for the most w*item southwest comer of said Lot One; Thence North 00 degnen 00 minutes 44 second* East with the east right of way line of Bernard Street a distance of 97.75 fast to a half -Inch Iron pin found at the most western northwest comer of mid Lot One, same being the southwest comer of a treat conveyed to David Manning at *I by deed recorded In Volume 196a, pogo 707 Real Property Records; Thence North so degrees 56 minutes 03 seconds East a distance of 125.00 het to a lellLindt Iron pin found at the southeast corner of acid Manning tract, some being an Inner oil comer of said Lot One; Thence North 00 degrees 00 minulas 44 s000nds Fast a distance of Ao.09 fast to a half - Inch Iron pin found at the most northerly northwest comer of add Lot One, gams being the northeast comer of sold Manning tract; Thence North 66 degrme 55 minutes 56 seconds East with the north line of said Lot One a distance of 21.15 fast to a half -Inch Iron pin found at the most southern southwest comer of said Irwin tract, tame being the southeast comer of that tract conveyed to 0. W Willow by deed recorded In Volume 269, peg. Zoe Deed Records; Thence North 01 degrees 03 minutes 31 second* EM a dlebnce of 176.82 foes to a heN-Inch Iron pin found for on Inner all corner of said Irwin treat, sours being the northosst corner of a tract conveyed to Hervey L. Slsemaro by deed r000rded In Volume 901, page 45 Dead Records; ThenceSouth N dtgrsss 4d minutes20 aeaonds Walt, passing st a dislenco of 149.86 het a hotMnch Iron pin found In the occupied ghat right-of-way line of Bernard Sum, some being the southwest corner of said Irwin tract, and continuing on a total distance of 164.95 foot to a point In the pavanant of Bemard Street;; Thence North 00 dogmas 01 ndnutso 50 seconds East following an Imaginary line In said Bernard Street pavement a distance of 909.66 foot to a point In the Intersection of SemordlStrest and Collin Street; Thence North 60 degrees 27 minutes 55 second* Eaet following an Imaginary lino In the pavoment of Collins Street a distance at 777.111 feet to a point for the northeast comer of the herein described tract; Thence South 00 dogma 59 minutes 29 second* bleat a distance of 14.90 het to the Place of Beginning, containing In all 11.92 acres of low.