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ORDINANCE NO. 2011-174
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM RURAL RESIDENTIAL 5 (RD-5) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO INDUSTRIAL CENTER GENERAL (IC-G) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, ON 10.49 ACRES, LOCATED ON THE EAST
SIDE OF SOUTH MAYHILL ROAD, APPROXIMATELY 468 FEET SOUTH OF MORSE
STREET, 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. (Z11-0011)
WHEREAS, Pecan Orchard Park/Storage Zone / Lydia Wong initiated a change in zoning for
approximately 10.49 acres of land described as Exhibit "A" (hereinafter the "Property") from the
Rural Residential 5 (RD-5) zoning district classification and use designation to the Industrial Center
General (IC-G) zoning district classification and use designation; and
WHEREAS, on August 24, 2011, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds the change in zoning is consistent with the
Comprehensive Plan; 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.
SECTION 2. The zoning district classifications and uses designations of the Property is
hereby changed from Rural Residential 5 (RD-5) zoning district classification and use designation to
Industrial Center General (IC-G) zoning district classification and use designation.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
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. 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 6. 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 of �%%Z� , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Exhibit A
TRACT 1
LEGAL DESCRIPTION
FI&D NOTE DESCRIPTION:
BEING a 3.455 acre tract of land situated in the M. Forrest Survey, Abstract No. 417, In the City of
Denton, Denton County, Texas, and being a port of that certain tract of land described by deed to
Miles Land Company, Inc., as recorded in Volume 4504, Page 971. of the Real arty Records of
Denton County, Texas (R.P.R.M.T.), and being more particularly described a o
BEGINNING at a "X inch iron rod found for the southwest comer of the he eI cribed tract, some
point being the northwest corner of Maybill Road Addition, an addition f Denton, Denton
County, Texas, according to the Plat thereof recorded in Cabinet Y, Pa a 76 f the Plat Records of
Denton County, Texas, same point being the southwest corner of a' Farr t Survey and the
northwest corner of the G. Walker Survey, Abstract No, 1330, so m pole In the east line of
th,e M. E. P. and C.R.R. Co. Survey, Abstract No. 927 and in the a li e o a north -south road
known as "Mayhlll Road" (a variable width right—of—way);
THENCE North 02 degrees 53 minutes 00 seconds East, with 16` east I- ne of said Mayhll Road, a
distance of 179.47 feet to a 'PK" nol set In asphalt for c mar:,
THENCE South 87 degrees 06 minutes 18 seconds East, epdkin' the east line of said Mayhili Road
and traversing over and ocrose said Miles Land Ca yet,distance of 556.55 feet to a
Inch Iron rod with yellow cap stamped "ARTHUR �YNGANY" set for corner;
THENCE North 15 degrees 18 minutes 08 secoiih East, a distance of 173.95 foot to a X inch Iron
rod with .yellow cap stamped 'ARTHUR SURVEYIN�MPq>Y" set for corner In the north Iine of said
Miles Land Company tract, same being ink¢ south I nero a tract of land described by deed to the
City of Denton, as recorded under County. Clerk File No. 97—R0019639, R P.R.D.C.T.;
THENCE South 47 decrees 37 minutes 34cpnds East, with the north line of sold Miles Land
Company tract and a south line of said �01 oti Anton tract, a dietancn of 134.72 feet to a y inch
Iron rod with yellow cap stomped 'AR. VEYING COMPANY. set for corner;
THENCE North 71 degrees 20 minutes 05 ds East, continuing with the north line of said Miles
Land Company tract and sold south Iine o ty of Denton tract a distance of 55.68 feet to a 36
inch iron rod with yellow cap s#oraed °ARTHUR SURVEYING COMPANY" set for comer,
THENCE South 01 degrees
'650 ut s 39 seconds West, departing the south line of said City of
Denton tract and traversing ver and�across sold Miles Land Company tract, a distance of 70.51 feet
to a }fit Inch iron rod rgith, 1, , cap sb�lmped "ARTHUR SURVEYING COMPANY" set for comer,
THENCE North 88 rgr'es� 3 ninutes 53 seconds West, a distance of 21.00 feet to a } inch iron
rod with yellow ca stomp d AfRTHUR SURVEYING COMPANY" set for corner;
THENCE South 01 groes - minutes 33 seconds West, a distance of 18.73 fact to a '/ Inch iron
rod with yellow cap eta d "ARTHUR SURVEYING COMPANY" set. for comer,
THENCE South 88 degrees 23 minutes 53 seconds East, a distance of 21.00 feet to a YJ Inch iron
rod with yellow cap stomped "ARTHUR SURVEYING COMPANY' set for corner;
THENCE South 01 degrees 30 minutes 33 seconds West, a distance of 179.66 feet to a 1¢ inch iron
rod with yellow cap stamped "ARTHUR SURVEYING COMPANY" set for comer in the south line of said
Miles Land Company tract, same being in the north line of. Lot 1. Block A of sold Mayhll Rood
Addition;
THENCE North 88 degrees 16 minutes 00 seconds West, with the north fine of said Maybill Road
Addition, a distance of 755.90 feet to the POINT OF BEGINNNING and containing a total of 3.455
acres of land, more or less, and being subject to any and all easements that may affeot.-
Tact 2
2.511 Acre
Page 1 of 2 0-4
FIELD NOTE DESCRIPTION: -x4
BEING a 2.511 acre tract of land situated in the M. Forrest Survejr,bstract°`io. 417, in the City
of Denton, Denton County, Texas, and being a part of that certain tracof land described by
deed to Miles Land Company, Inc., as recorded in Volume 4504, P�g1 71, of the Real Property
Ty.
Records of Denton County, Texas (R.P.R.D.C.T.), and being more parti larly described as
follows:
COMMENCING at a''/=. inch iron rod found for the h .. . S er of said Miles Land Company
tract, same point being the northwest corner�O' May1 oa Addition, an addition to the City of
Denton, Denton County, Texas, according' : he Platth of recorded in Cabinet Y, Page 761, of
the Plat Records of Denton County, Texas, sam int r e ng the southwest corner of said M.
Forrest Survey and the northwest co the G. '.I er Survey, Abstract No.133D, same point
being in the east line of the M_ E. P. aCo. Survey, Abstract No. 927 and in the east line
ofa north -south road known as"May" (a variable width right -of --way);
THENCE North 02 degrees 53 min s 00 s tonds East, with the east line of said MayhEll Road, a
distance of 555.09 feet to a %: inch i vd`with cap stamped "H & N 1849" found for corner,
same being the southwest co er of a tract of land described by deed to the City of Denton, as
recorded under County Clerk -t a No. 97-R0019639, R.P.R.D.C.T., same being the northwest
corner of said Miles tndCopar&y tract;
THENCE North 75 e e `VvF.inut s 15 seconds East, with the north dine of said Miles land
Company trF.01'NT
a line of said City of Denton tract, a distance of 245.67 feet to a'I=
inch iron roith yell cap stamped "ARTHUR SURVEYING COMPANY" set for the northwest
corner and OF B •ilGINNING of the herein described tract;
THENCE North 7 grees 47 minutes 15 seconds East, continuing with the north line of said
Miles Land Company tract and with a south line of said City of Denton tract, a distance of 16.52
feet to a % inch iron rod with yellow cap stamped "ARTHUR SURVEYING COMPANY" set for
corner, same from which a % inch iron rod with cap stamped "H & N 1849" found bears South
64 degrees 10 minutes 31 seconds West, a distance of 1.07 feet;
THENCE South 47 degrees 37 minutes 34 seconds East, continuing with the north line of said
Miles Land Company tract and said south line of said City of Denton tract, a distance of 444.91
feet to a % inch iron rod with yellow cap stamped "ARTHUR SURVEYING COMPANY" set for
corner,
Tract 2
2.511 Acre
Page 2 of 2
THENCE South 15 degrees 18 minutes 08 seconds West, departing the soot tfSq of sa City of
Denton tract and traversing over and across said Miles Land Company tr,tst,ilstance of 173.95
feet to a Y2 inch iron rod with yellow cap stamped "ARTHUR SURVEYINGtCO1VIP set for
comer; t
THENCE North 87 degrees06 minutes 16 seconds West, a
iron rodwith yellow cap stamped "ARTHUR SURVEYING C
THENCE North 02 degrees 03 minutes 13 seconds Ea
OF BEGINNING and containing a total of 2.511 acres
any and all easements that may affect
5 feet to a % inch
corner;
of 447.94 feet to the POINT
hbr less, and being subject to
TRACT 3
LEGAL DESCWTION
FRD NOTE DESCRIP"11ON.
BEING a 4.528 acre tract of [and situated in the M. Forrest Survey, Abstract No. 417. In the City of
Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to
Was Land Company, Inc., as recorded In Volume 4504, Page 971. of the Real Property Records of
Denton County, Texas (R.P.R.D.C.T.), and being more particularly described as follows:
COMMENCING at a % inch Iron rod found for the' southwest corner of sold Miles Land Company tract,
some point being the northwest corner of Mayhifl Road Addition, an addition to the City of Denton,
Denton County. Texas, according to the Plat thereof recorded In Cobtnet Y, Pag �761 of the Plat
Records of Denton County, Texas, same point being the southwest comer of sol lyl Fro-. est Survey
and the northwest corner of the G. Walker Survey, Abstract No, 1330, same p6-1- being , the east
line of the M. E. P. and C.R.R. Co. Survey. Abstract No. 927 and in the east Yin a north —south
rood [mown as "Meyhill Rood" (a variable width right—of—way);
THENCE South 86 degrees 16 minutes 00 seconds East, with the north i of s Mayhill Read
Additfon and the south line of sold , Mlles Land Company tract, a di ce . 5 • 0 feet to a % inch
Iron rod with yellow cap stamped "ARTHUR SURVEYING COMPANY so, i5r th southwest comer and
POINT OF BEGINNING of the herein described tract;
THENCE North 01 degrees 30 minutes 35 seconds East, depart' the h line of said Mayhlll Road
Addition and traversing over end across said Miles Land Comp n. 'act, a distance of 17a.66 fact to
a % inch iron rod with yellow cup stamped 'ARTHUR SURVE,4 G� ANY" set for comer;
THENCE North 88 degrees 23 minutes 53 seconds West, di tnn4of 21.00 feet to a X inch Iron
rod with *low cap stamped "ARTHUR SURVEYING AN het f r comer;
THENCE North 01 degrees 30 minutes 33 seta East, distance of 18.73 feet to a Inch Iron
rod with yellow cap stamped *ARTHUR SURVE t G COMPAN set for comer.
THENCE South 88 degrees 23 minutes 53,seconds distance of 21.00 feet to a }4 inch Iron
rad with yellow cap stamped 'ARTHUR SURVEYiNG CO Y' set for comer,
THENCE North 01 degrees 50 minutes 39 ands Eaat, a distance o{ 70.51 feet to a inch iron
rod with yellow cop stamped 'ARTHUR COMPANY' set for corner In the north line of sold
Miles Land Company -tract and a sou i e a tract of land described by deed to the City of
Denton, as recorded under County Cl File . 97-11001963&, R.P.R.D.C.L;
THENCE with the northerly line of sat Land Company treat and a southerly line of said City of
Denton tract, the following seve (7) cc s and distances:
North 71 degrees 20 minutes 05` seconds East, o distance of 89.66 feet to a X inch iron rod with
yellow cap stamped ' THUi PING COMPANY" set for comer;
South 73 degrees 28 m n gs 49 se ds East, a distance of 155.28 feet to a X Inch iron rod with
yellow cap stamped 'A H IR G COMPANY' set for corner,
North 84 deg ` 1s 8 mint s.. 38 seconds East, o distance of 245.59 feet to o % inch iron rod with
yellow cap staped ARIUR�SURVEYING COMPANY set for comer,
South 83 degrees 15 mis utes 02 seconds East, a distance of 159,50 feet to a ire inch iron rod with
yellow cap stem ARTHUR SURVEYING COMPANY' set for comer,
South 34 degrees 37 minutes 59 seconds East, a distance of 165.83 feet to a X inch Iron rod with
yellow cap stamped 'ARTHUR SURVEYING COMPANY' set for comer;
South 11 degrees 30 minutes 21 seconds West, a distance of 101.50 feet to a 3k Inch Iron rod with
yellow cap stamped 'ARTHUR SURVEYING COMPANY" set for cornet;
South 38 degrees 14 minutes 17 seconds West, a distance of 54.95 feet to a M inch iron rod with
vetlow cap stamped "ARTHUR SURVEYING COMPANY" 'Pet for corner in the north line of said Mayhlll
Road Addition. some being the southeast corner of said Miles Land Company tract;
THENCE North 88 degrees 18 minutes 00 seconds West, with the north line of acid Mayhill Road
Addition, a distance of 884.47 feet to the POINT OF BEGINNING and containing a total of 4.528 acres
of land. more or less, and being subject to any and all easements that may affect.