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HomeMy WebLinkAbout2000-091P V9HARED1 E WOLW Cttum�meo"A9TZ AI OrNwwa dw ORDINANCE NO A000—D9I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A SINGLE- FAMILY 16 (SF-16[C]), WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 34 40 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EL PASEO STREET AND APPROXIMATELY FIVE HUNDRED (500) FEET NORTH OF RYAN ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-051) WHEREAS, on July 27, 1999, City Council received a report, held a discussion and then directed staff to proceed with voluntary annexation of the 34 40 acres of land described herein, and WHEREAS, Beverly Stephens has applied to initially place a Single -Family 16 (SF-16) zoning district classification and use designation on 34 40 acres of land described herein, and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the proposed Single-family 16 (SF-16) zoning district, and WHEREAS, on November 16, 1999, the City of Denton voluntarily annexed 34 40 acres of land described by Ordinance 99-426, which was made effective upon its passage, and WHEREAS, the City Council finds that the proposed zoning, with the conditions imposed herein, will be is consistent with the Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The 34 40 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is hereby initially placed in the Single-family 16 (SF-16[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas with the following conditions 1 The applicant will perform the necessary earthwork, identified on "Shadow Brook Place Restoration Grading Plan", attached hereto and incorporated herein by reference as Exhibit "B", as soon as weather permits 2 The applicant shall re-establish off -site disturbed grades to safe and restored conditions, as soon as weather permits in accordance with the same grading notes and standards for onsite conditions set forth in Exhibit "B" The applicant shall obtain effected property owners' permission prior to performing such work 3 The applicant shall obtain review and inspection of such work described in 1 and 2 above by City staff to make certain that these conditions have been properly fulfilled All of the above conditions must be fulfilled prior to preliminary plat approval for the subject P\SHA0.00 0MGLI O UMMMDNI8MOM\99 "031 OpmMcE property SECTION 2 That the City's official zoning map is amended to show the zoning district classification SECTION 3 That 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 4 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 of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the � day of lud— 2000 i ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HER13ERT L PROUTY, CITY ATTORNEY M Page 2 EXHIBIT A Z-99-051 (SHADOW BROOK PLACE) 34 40 acres All that certain lot, tract or parcel of land lying and being situated in the A Gibson Survey, Abstract No 498, Denton County, Texas, being the same tract of land described in a deed to Elmer Wayne Stephens at ux, dated 4-16-74, as recorded in Volume 706, Page 79 of the Deed Records of Denton County, Texas, being the same tract of land described in a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No 98-0041953 of the Real Property Records of Denton County, Texas, being the same (called) 10 433 acre tract of land described in a deed to Custom Designs, Inc , dated 4-12-99, as recorded under County Clerks File No 99- 0037344 of the Real Property Records of Denton County, Texas, being the same (called) 8 240 acre tract of land described in a deed to Brain Stephens Trust, dated 4-1- 98, as recorded under County Clerk's File No 98-0041954 of the Real Property Records of Denton County, Texas, being the same (called) 4 291 acre tract of land described in a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No 98-0041955 of the Real Property Records of Denton County, Texas, and to Brain Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No 98-0041956 of the Real Property Records of Denton County, Texas, being more particularly described as follows BEGINNING at the northwest corner of said Elmer Wayne Stephens tract, same being on the south right-of-way of El Paseo and the east line of Forrestridge Addition, Section II, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet C, Page 12, of the Plat Records of Denton County, Texas, said point lying on the current city limits line as established by Ordinance No 65-35, THENCE North 88° 24' 40" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city limits line as established by said Ordinance No 65-35, a distance of 363 44 feet to a point for corner, THENCE North 74" 22' 04" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city limits line as established by said Ordinance No 65-35, a distance of 12 48 feet to a point for corner at the northeast corner of said Elmer Wayne Stephens tract, THENCE South 14° 58' 40" East with an east line of said Elmer Wayne Stephens tract, a distance of 6 30 feet to a point for corner at the beginning of a curve to the right, THENCE with said curve to the right, having a central angle of 90 14' 08", a radius of 1534 02 feet, an arc length of 247 27 feet, a chord which bears South 10' 27' 05" East a distance of 247 00 feet to a point for corner on the East line of said Elmer Wayne Stephens tract, Z-99 051 LEGAL DESCRIPTION PAGE 1 OF 2 EXHIBIT A Z-99-051 (SHADOW BROOK PLACE) 34 40 acres THENCE North 88° 45' 10" East, a distance of 591 10 feet to a point for corner on the east line of said Custom Designs, Inc , tract, THENCE South 09° 35' 00" West with an east line of said Custom Designs, Inc, tract, a distance of 135 47 feet to a point for corner, THENCE South 390 07' 10" West with an east line of said Custom Designs, Inc , tract, a distance of 290 26 feet to a point for corner, THENCE South 26' 36' 00" East with an east line of said Custom Designs, Inc, tract, a distance of 268 00 feet to a point for corner, THENCE South with an east line of said Custom Designs, Inc, tract, a distance of 246 00 feet to a point for corner, THENCE South 09" 17' 00" West with an east line of said Custom Designs, Inc , tract, a distance of 104 93 feet to a point for corner at the southeast corner of said Custom Designs, Inc , tract, same being the northeast corner of said 8 240 acre tract, THENCE South 09° 19' 00" West with an east line of said 8 240 acre tract, passing the southeast corner of said 8 240 acre tract and the northeast corner of said 4 291 acre tract, continuing a total distance of 436 80 feet to a point for corner at the northernmost southeast corner of said 4 291 acre tract, THENCE South 880 49' 00" West with a south line of said 4 291-acre tract, a distance of 726 00 feet to a point for corner, THENCE South 00' 37' 00" West with an east line of said 4 291-acre tract, a distance of 62 60 feet to a point for corner at the southeast corner of said 4 291-acre tract, THENCE South 88° 48' 29" West with the south line of said 4 291 acre tract, a distance of 25163 feet to a point for corner at the southwest corner of said 4 291 acre tract, same being on the east line of the Estates of Forrestridge, Section III, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet K, Page 295 of the Plat Records of Denton County, Texas, said point also being on the existing city limits line as established by Ordinance No 93-188, THENCE North 00° 36' 55" West with the existing city limits line as established by said Ordinance No 93-188, and as established by Ordinance No 92-060 and Ordinance No 88-001, a distance of 1828 60 feet to THE POINT OF BEGINNING and containing in all 34 40 acres of land Z 99-051 LEGAL DESCRIPTION PAGE 2 OF 2 I I \ I I 4 v LA i I / \I A !R d3 � deaag! :fI�A ppA !R 6R9a g' �d F P ° A 'gg ➢B� l j 3a@i3Aall�i i•9 � aR�:saaz�Srd � a a! d F i y � :5l�s�99ai� fia � comp Carlsr-. airgess SHADOW BROOK PLACE ��II XHIBIT B