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1997-209AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT ON 10 ACRES OF LAND LOCATED ON THE EAST SIDE OF MAYHILL ROAD, SOUTH OF MILLS ROAD TO ALLOW FOR GOVERNMENTAL OFFICES, MAINTENANCE SHOP AND A WAREHOUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Russell Bates, on behalf of the Denton Independent School District, owner of the subject property, has applied for approval of a specific use perrmt on 10 acres of land to allow for governmental offices, a maintenance shop and a warehouse in an Agricultural "A" zorang district, and WHEREAS, on July 23, 1997, the Planmng and Zomng Commission recommended approval of the requested specific use permat, and WHEREAS, in accordance with Article II1, Division 4 of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist 1 That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly dlrmmsh or lmpmr property values vathln the immediate Vlclmty, 2 That the establishment of the specific use will not impede the normal and orderly development and Improvement of surrounding vacant property, 3 That adequate utdittes, access roads, drainage and other necessary supporting faclht~es have been or will be provided 4 The design, location and arrangement of all driveways and parking spaces provides for the safe and convement movement ofvelucular and pedestrian traffic without adversely affecting the general public or adjacent developments, 5 That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, 6 That directional lighting will be provided so as not to disturb or adversely affect nelghbonng properties, and 7 That there is sufficient landscaping and screening to ensure harmony and compatlbdlty with adjacent property, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the specific use pernut to operate governmental offices, a mmntenance shop and a warehouse ~s hereby granted to the Denton Independent School D~stnct for a 10 acre tract, described ~n Exhtbtt A, attached hereto and ~ncorporated imo th~s ordinance by reference SECTION II That any person wolatmg any provision of th~s ordinance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a provision ofthts ordinance ~s v~olated shall constitute a separate and d~stmct offense SECTION III That thts ordinance shall become effective fourteen (14) days from the date or,ts passage, and the C~ty Secretary ~s hereby d~rected to cause the captton ofthts ordinance to be pubhshed twice m the Denton Record Chromcle, the official newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of the date oftts passage PASSED AND APPROVED th~s the day of ,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY PAGE 2 9.865 ACRES FOR EONING FIELD NOTES to al1 that certain tract of lend situated in the Morreau Forrest Survey Abstract Number 417, Denton County, Texas and being all of the tract described in the deed from Lillian Mabry to Loretta Burthold et vir recorded in Volume 3400, Page 25? of the Real property Records of Denton County, Texas and all of the celled Five acre Tract i described in the deed form Elmer E Carpenter to Denton Independent School District recorded in Volume 3285, Page 173 of the said Real Property Records~ the subject tract being more particularly described by metes and bounds as follows BEGINNING for the Northwest corner of the herein described tract at a cross tie fence corner post at the occupied Northwest corner of the Barthold tract on the East line of Mayhi11 Road~ THENCE South 88 Degrees 27 Minutes 36 Seconds East generally along a fence with the North line of the Barthold tract e distance of 541.45 feet (call being 569 feet) to a 1/2 inch iron rod found et the Southeast corner of a called 5 acre tract described in the deed to David Breerly et ux recorded in Volume 290, Page 165 of the said Deed Records and on the West line of a tract of land described in the deed from Gladys Stout to Thomas R. Brown recorded in Volume 2699, Page 136 of the said Deed Records1 THENCE South 00 Degrees 34 Minutes 47 Seconds East with the West line of the Brown tract a distance of 7S 61 feet to a 1/2 inch iron rod found at the Southwest corner thereof~ THENCE South 87 Degrees 38 Minutes 47 Seconds East along a fence with the South line of the Brown tract a distance of 341 02 feet to a 1/2 inch iron rod found at the Southeast corner thereof and the Southwest corner of a tract of land described in the deed to D I S.D. recorded in Volume 649, Page 178 of the said Deed Records1 THENCE South 88 Degrees 23 Minutes 23 Seconds East along a fence with the South line of the said D.I S D. tract a distance of 142 00 feet to the Northeast corner of the said Barthold tract1 THENCE South 00 Degrees 53 Minutes 26 Seconds West with the East line of the Barthold tract a distance of 185.75 feet to the Southeast corner thereof on the North line of a celled S acre tract described in the deed to Frederick G Hubnick et ux recorded in Volume 654, Page 290 of the said Deed Records~ THENCE North 86 Degrees 29 Minutes 34 Seconds West with the South line of the Barthold tract and the North line of the Hubnick tract passing et 242.39 feet a 1/2 inch iron rod found at the Northwest corner thereof and continuing, in all, a total distance of 505.33 feet to e 1/2 inch iron rod found at the Northwest corner of a called 0.809 acre Tract 2 described in the deed to Deborah Sue Glenn recorded in Volume 1500, Page 330 of the said Deed Records and the Northeast corner of the said Five acre Tract 11 THENCE South 01 Degrees 41 Minutes 10 Seconds West along a fence with the East line of the Five acre Tract I e distance of 377.80 feet to the Southeast corner thereof on the North line of a called 5.S29 acre tract described in the Volume 1180, Page 608 of the said Deed Records~ THENCE South 89 Degrees 37 Minutes 36 Seconds West along a fence with the South line of the Five acre Tract i a distance of 535 88 feet to a fence post at the occupied Southwest corner thereof on the East line of Mayhi11 Road~ THENCE North 01 Degrees 17 Minutes 22 Seconds East along the East line of Mayhi11 Road with the West line of the Five acre Tract i a distance of 381 99 feet to a 1/2 inch iron rod £ound at the Northwest corner thereof and the Southwest corner of the Barthold tract~ THENCE North 00 Degrees 41 Minutes 45 Seconds East along the East line of Mayhi11 Road with the West line of the Berthold tract a distance of 257.32 feet to the PLACE OF BEGINNING and enclosing 9.865 acres of lend slh Jd60/96126