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ORDINANCE NO. 2005--.32Z
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE EXPANSION
OF A SPECIAL EXCEPTION ONTO AN ADJOINING LOT, APPROXIMATELY 2.18 ACRES IN
SIZE, AND GENERALLY LOCATED 370 FEET WEST OF FORT WORTH DRIVE AND 300
FEET NORTH OF LINDSEY STREET IN DENTON, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Z05-0010)
WHEREAS, Mr. Bill Payne initiated an expansion of a special exception onto an adjoining
lot approximately 2.18 acres of land more particularly described in Exhibit "A", attached hereto, and
incorporated by reference (the "Property"); and
WHEREAS, on September 14, 2005, the Planning and Zoning Commission recommended
approval of the requested special exception expansion; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and
the Denton Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference;
SECTION 2. That the zoning district classification and use designation of the Property is
hereby amended to permit self-service storage as a special exception;
SECTION 3. That 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 4. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00, each day of violation constituting a separate and
distinct offense; and
SECTION 5. That 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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 14 day of "A4, 12005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM:
EULINE BROCK, MAYOR
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EXHIBIT "A"
Whereas, Bill C. Payne is the sole owner ofall that certain tract of parcel of land situated in the Alexander Hill Survey,
Abstract Number 623, City of Denton, Denton County, Texas, .and being a port of a 'called 12.981 acre tract o� land
described in a deed from Denton 377-13 Joint Venture to Rill C. Payne as recorded in Volume 940. Paqe 97.1, Deed
Records of Denton County, Texas, and being more particularly described as follows:
Beginning at a 1/2 capped iron rod set at the. southwest corner of said 12.981 acre tract and at .the northwest corner of
a called 2.382 .acre tractofland described in a deed to George C. Goen, III as recorded inCountyClerk's File. Nllln Der
94-R0081680, Real Property Records of Denton County, Texas; -
Thence North 00 Degrees. 09 Miputes.02 Seconds East with the west line of said 12.981 acre tract, a distance of 795.63
feet to a - 1/2" capped iron rod set for the northwest's corner of the herein described- tract;
Thence South 89 Degrees 38 Minutes 56 Seconds East, a distance of 248.48 feet to a 1/2" capped iron rod set it the
northeast cornerofthehereindescribed tract in the east line of. said 12.981 acre tract and in the west line of Lot
Block A of Payne Addition, on addition to .the .City of Denton, Denton:County,. Texas, according to the Plot tne.reol recorded
in Cabinet R, Page 311, Plat Records of Denton County; Texas;
Thence South 02 Degrees 21 Minutes 33 Seconds West with the said east line and with .the said west line. - distnnce of
188.96 feet to a 1/2" capped iron rod found at the southwest corner of said Lot I and at the northwest corner of a
called 0.8838 acre tract of land described in a deed to Hoop's Machine & Welding, Inc. as .recorded in Voiurne 2nIS, Page
59, Red Properly Records of Denton County, Texas:
Thence. South 02 .Degrees 18 Minutes 36 Seconds West with the west line of. said 0.8838 acre tract, a distnncr. of 102.2', _
feet to a 1/2" capped -iron, rod set for corner of the southwest corner of said 0.8838 arse tract and at the :uvthwes; -
corner of a called 0.35 acre tract of land described in a deed to Warren Ferrill as recorded in County Clerk's f ie Number
95-R0031820, Real Property Records of Denton County, Texas:
Thence South 00 Degrees 39 Minutes 24 .Seconds West with the west line of said 0.35 acre tract, -a-distance o IJG.�S
feet to a 1/2" capped iron rod set for the southwest corner of said 0.35 acre tract and at the southeast ccrner of so;c
12.981 acre tract: '
Thence South 89 Degrees 03 Minutes 03 Seconds West with the south line of said 12.981 acre. tract, a dimunc.e of 2,56.tiG
feel to the POINT OF BEGINNING and containing 2.182 acres of Mond., more or less.
KNOW IHEREFURE, KNOW ALL MEN BY THESE PRESENTS
THAT Bill C. Payne, does adopt this plot designating the herein described property as PAYNE ADDITION. PHASE the City.
of Denton. Denton County, Texas and does hereby dedicate to the public use forever, the streets rigors -of -wc , :u;C -biic
easements shown hereon.
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