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1998-393AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 15 088 ACRES OF LAND LOCATED ON THE EAST SIDE OF SWISHER ROAD AND IMMEDIATELY WEST OF THE INTERSECTION OF SWISHER ROAD AND EDWARI)S ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 001FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mathew Goodwm, on behalf of Marc Foothc, has apphed for a change in zoning for 15 088 acres of land from an Agricultural (A) zomng dlsmct classification and use deslgnaUon to Planned Development 132 (PD 132) zomng dastnct classlficalaon and use designation, and WHEREAS, on September 9, 1998, the Planning and Zomng Commission recommended approval of the requested change m zomng, and WHEREAS, the Caty Council finds that the change m zomng will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Pohcles, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the zonang chstnet classlficaUon and use des~gnaUon of the 15 088 acre property described in the legal description attached hereto and incorporated hereto as Exbablt A is changed from an Agricultural (A) zoning ~hstnet classification and use designation to Planned Development 132 (PD 132) zonmg chsmct classification and use designation under the comprehansave zomng ordinance of the City of Denton, Texas fi.~C_TLO_N~ That the City's official zomng map is amended to show the change m zomng district classification ~ That any person violating any provision of this ordmance shall, upon eonweUon, be fined a sum not exceeding $2,000 00 Each day that a prowslon of fins orchnanee is wolated shall consUtute a separate and distinct offense ~ That this ordmanee shall become effective fourteen (14) days from the date of its passage, and the C~ty Secretary ~s hereby chreeted to cause the caption of flus ordinance to be published twice m the Denton Reeord-Chromcle, a dmly newspaper pubhshed in the City of Denton, Texas, within ten (10) days of the date of its passage JAC~LER, MAYOR ATTEST ~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 Exhibit A FIELD NOTES 15 088 Acres All that certam lot, tract, or parcel of land situated m the Gtdeon Walker Survey, Abstract Number 1330, Denton County, Texas and being part of First Tract shown by deed to L F Powell, recorded tn Volume 395, page 236, Deed Records of Denton County, Texas and being more parttcularly described as follows Commencing at the southwest comer of said Powell tract, Thence North 04 degrees 22 minutes 10 seconds East a distance of 438 15 feet, Thence South 85 degrees 37 minutes 08 seconds East a distance of 208 71 feet, Thence North 04 degrees 27 minutes 14 seconds East a &stance of 104 14 feet, Thence North 85 degrees 37 minutes 08 seconds West a chstance of 193 34 feet, Thence North 04 degrees 26 minutes 28 seconds East a &stance of 138 26 feet, Thence North 04 degrees 44 minutes 26 seconds East a &stance of 346 16 feet to the Point of Begummg, an ~ron pm found at the northwest comer of Tract One to Jerry Kuhnke, recorded in Volume 1134, page 647, Deed Records, Denton County, Texas, Thence North 04 degrees 44 minutes 29 seconds East a distance of 283 I feet to an trun pin found, Thence North 72 degrees 08 mmutas 23 seconds East a distance of 271 89 feet to an ~ron pin found, Thence North 88 degrees 59 mmutas 12 ~eeonds East a &stance of 526 69 feet to an iron pin found, Thence South 86 degrees 21 minutes 22 seconde East a &stance of 150 03 feet to an ~ron pm found at a fence corner~ Thence South 86 degrees 20 minutes 48 seconds East with a fence a &stance of 704 84 feet to a fence comer post; Thence South 03 de~'ee$ 44 m!nute8 34 seconds West with a fence 423 79 feet to an iron pin found at the northeast comer of said Kuhnke Tract; Thence North 86 degrees 23 minutes 49 szconds West with Kuhnke's north line 1632 5 feet to the Point of Begummg and containing 15 088 agree of land