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1997-027T \~PDOCS\ORD\Z96054 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 118 (PD-118) TO THE SINGLE FAMILY 16 (SF- 16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 128.418 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF US 377 AND BRUSH CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Matthews Investments Southwest, Inc., XIII, owners of the subject property, initiated a change in zoning for 128 418 acres from Planned Development 118 (PD-118) to the Single Family 16 (SF-16) zoning district zoning dlstrlct classification and use designation; and WHEREAS, on January 22, 1997, the Planning and Zoning Commission recommended approval of a change in zoning from Planned Development 118 (PD-118) to the Single Family 16 (SF-16) zoning dlstrlct classification and use designation, and WHEREAS, the City Council finds that this change in zoning dlstrlct will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That the zoning district classification and use designation of 128.418 acres described by Exhibit A, attached hereto and incorporated herein by reference, is changed from Planned Development 118 (PD-118) to the Single Family 16 (SF-16) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas Section II That the City's official zoning map is amended to show the change in zoning district classification. S~ctlon III. 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 dlstlnct offense. Section IV 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 dally newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED APPROVED thls the day of ~ , 1997 J~ MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 PROP~Y DI~S~TTTOI~ 128o418-Acre nSF-16~ Res~dent~z~ T~act · ETATE OF TEXAS' COUNTY OF DENTON: BEING a tract of land situated In the H Haggood Survey, Abe,-act No. 517, the W Hudson Survey, Abstract No. 586 and the C. Daugherty Survey, Abe,-act No. 351, Denton County, Texas being all Tracts 2 and 3 and a portion of Tract 1 as described in deed to Matthews InvestmeF,~ Southwest, IRC XlII, as recorded In Denton County Clerk's File No. 96-R0048712 of the Real Property Records of Denton County. Texas (RPRDCTJ and being more particularly desc, bed as follows. COMMENCING at the intersection of the south line of Brush Creek Road (Variable wtdth R.O W ), with the southees~?rly line of U.S. Highway No. 377 (Variable width n. OW): THENCE N 89'41'40" E, along the south Ilne of said Brush Creek Road, 300 O0 feet to the POINT of BEGINNING of the herein described tract of land, THENCE N 89'41'40" E, continuing along the south line of asld Brush Creek Road, THENCE N 09'30'13' E, 30 31 feet to a point In said Brush Creek Road, said point lying In the north line of asld Daugherty Survey, Ab.~Vact No 351 and the south line of the James Severe Survey, Abstract No. 1164, THENCE N 89~41 '40" E, In smd Brush Creek Road, 591 89 feet. THENCE departing said Brush Creek Road, along the west and south lines of Woodcreek, Block One. an addltlon to the City of Denton, Denton County, Texas as recorded In Cabinet E, Slide 214 of the Plat Records of Denton County, Texas the following' S 00'18'19" E, 100.00 feet, S 47'5~t'53" E, ~89.97 feet; S 80'57'59" E, 120.00 feet, S 58'16'27" E, 523.35 feet; THENCE along the west and north lines of a tract of lend as described In deed of trust to H.B. Bly, Trustee, as recorded in Volume 1913, Page 0741, of the Deed Records of Denton County, Texas (DRDCT) the following' S 00'33'13" W, 145.00 feet; N 89'15'26" W, 163.84. feet; S 0051'56" E, 394 53 feet;, S 0259'17" W, 919 67 feet;, N 89~38'13" W, 1462.92 feet; S 00'13'16" W, t032.26 feet, THENCE 8 79'10'32- W, along the north line of a tract of land ee deecnbed In deed to Raymond David Thompson, as recorded in Volume 1175, Page 312, DRDCT, 591.60 THENCE 8 79'06'5~' W, along the north line of a tract of land as described In deed to Harvey Allen Thompson, as recorded In Volume 1175, Page 312, DRDCT, 1260 43 THENCE N 2'~28'00" E, departing the north line of said Thompson tract, 2482.32 feet to a point In the south line of a tra~ of land as deathbed In deed to J.W. Gaflin, as recorded in Denton County Clerk's File No. 94-R0091432, RPRDCT, THENCE ;dong the south and east lines of said Gatlin tract the following S 62'~2'00" E, 29 43 feet to the point of curvature of a c~rcular curve to the left, having a radius of 363.06 feet; Southeasterly, along said circular curve to the left, through acer, b~; angle of 27'15'00", an ar= dis~ance of 172.67 feet to the point of tangen=y, S 8~'47'00" E, 17.00 feet; N 22'13'00" E, 1123.24 feet; N 00"18'20" W, 261.15 feet to the POINT of BEGINNING and containing 128.418 sores of land. NOTE. The heralnabove property desortptlon was complied solely from the deed recorded in Denton County Clerk's File No, 6~-R0048712 of the Real Property Records of Denton County, Texas, aclJoinlng deeds and the Preliminary Plat of Denton Country Club Estates.