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1993-005ATf7AG 412 ORDINANCE NO. 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PLANNED DE- VELOPMENT (PD) NO. 114, ADOPTED BY ORDINANCE 86-92, BY REPEALING ALL CONDITIONS AND SITE PLANS UNDER PD NO. 114 CONSISTING OF A 74.5 ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF F.M. 2181 AND HICKORY CREEK ROAD; AND APPROVING A NEW DETAILED PLAN FOR 15.67 ACRES OF THE PD; AND BY REZONING THE REMAINING 58.81 ACRES OF PD NO. 114 TO AGRICULTURAL "A" ZONING DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dwight Thompson Ministries has applied for an amend- ment to Planned Development (PD) No. 114, established with the adoption of Ordinance 86-92, by providing a detailed plan for a 15.67 acre portion of the PD tract and by rezoning the remainder of PD No. 114 to the Agricultural "A" zoning district; and WHEREAS, on December 16, 1992, the Planning and zoning commis- sion recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION I. That Planned Development (PD) No. 114 consisting of approximately 74.5 acres is amended by substituting a new de- tailed plan for 15.67 acres of land which is described in Exhibit "A", attached hereto and made a part hereof and reflected more com- pletely in the detailed plan identified in Exhibit "B", attached hereto and made a part hereof and by rezoning the remaining 58.81 acres of PD No. 114 to Agricultural "A" zoning district class- ification and use designation which is described in Exhibit "C", attached hereto and made a part hereof, under the comprehensive zoning ordinance of the City of Denton. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the '4day of , 1993. BOB CASTLEBERR , MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APP VED A TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 EXHIBIT "A" 15.67 ACRE TRACT PROPOSED PLANNED DEVELOPMENT ZONING All that certain tract of land situated in the Eli Pickett Survey, Abstract Number 1018 and being a part of the called 54.4788 acre tract described in the deed to Dwight Thompson Ministries, Inc. recorded in Volume 3135, Page 439 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described from record information as follows: BEGINNING for the Southeast corner of the tract being described herein, at an iron pin called for at the Southeast corner of the 54.4788 acre Thompson tract at the intersection of the West Right-of-Way of FM Hwy 2181 and the Center line of Hickory Creek Road; THENCE North 87 Degrees 39 Minutes 43 Seconds West along Hickory Creek Road with the South line of the said Thompson tract a distance of 617.52 feet to an iron pin at the Southwest corner thereof and being the Southeast corner of the 10.000 acre tract described in the deed to Paul Flatt et ux recorded in Volume 3135, Page 433 of the said Real Property Records; THENCE North 02 Degrees 20 Minutes 17 Seconds East with the West line of the said Thompson tract and the East line of the 10.0 acre Flatt tract passing the Northeast corner thereof and the Southeast corner of the called 10.00 acre tract described in the deed to George T. Connell, Jr. recorded in Volume 3135, Page 436 of the said Real Property Records, in all, a total distance of 1123.04 feet to the Northwest corner of the herein described tract and a reentrant corner of a certain 58.81 acre tract; THENCE South 88 Degrees 58 Minutes 20 Seconds East severing the said Thompson tract with a South line of the 58.81 acre tract a distance of 588.36 feet to a point in the !Jest Right-of-Way of FM 2181 for the most Easterly Southeast corner thereof; THENCE South 00 Degrees Oi Minutes 04 Seconds East with the Fast line of the 54.4788 acre Thompson tract and the West Right-of-Way of FI1 2181 a distance of 181.85 feet to a Right-of-Way post at an angle point therein; THENCE South 01 Degrees 01 Minutes 40 Seconds West continuing with the said blest Right-of-Way of FM 2181 a distance of 955.05 feet to the PLACE OF BEGINNING and enclosing 15.67 acres of land. This description was prepared from record information only. 9241/jd38 ATTACHMENT 2 ~ g i i f -I.1• E - 3 4: ~?j Z r z i 4i ~ yy cp :5?P YS?; ; i}E9 ; Y e U f - ; f ' _ 1 •.4 I I 0 '!J T^= 5 f gi?i ? e 4 2i?i ? z t 0 4 f i, ~ e M1gei e:zi ? ~~r. °?ey! ~j:: ° i !I: s ~ i ~ E i t:i ¢ : ~ g :=3i•3 4'f .3.f. '.:3f'.-§0~ . J I [ F lI ` ' jl~ f' _ 1 F . 53•a 6' Y -f !-J . g ~ 1 : N . ~I I ~ Ii i • • • . ` I w .~•P 1r l_^~w / t F 10 yH O :I y W , O = zo • y 4t mn / :I H IY ~ ~ y > y Z i O sO ° _ Q ~ yam. Ss (t. ~ 1 _ I 4 a7 . - .i .i .i I 1• ;i i ?fj fj ti ~j~4.=+i 21 h W iY Z t J f 6 ~ W h h n r s v EXHIBIT "C" 58.81 ACRE TRACT PROPOSED AGRICULTURAL ZONING All that certain tract of land situated in the Eli Pickett Survey, Abstract Number 1018 and being all of the called 10.00 acre tract described in the deed to George T. Connell, Jr. recorded in Volume 3135, Page 436 of the Real Property Records of Denton County, Texas, and all of the called 10.00 acre tract described in the deed to Paul Flatt et ux recorded in Volume 3135, Page 433 of the said Real Property Records and a part of the called 54.4788 acre tract described in the deed to Dwight Thompson Ministries, Inc. recorded in Volume 3135, Page 439 of the said Peal Property Records; the subject tract being more particularly described from record information as follows: BEGINNING for the most Easterly Southeast corner of the tract being described herein, at an iron pin called for at the Southeast corner of the 10.0 acre Flatt tract and the Southwest corner of the 54.4788 acre Thompson tract in the Center line of Hickory Creek Road, and called to be North 87 Degrees 39 Minutes 43 Seconds West a distance of 617.52 from its intersection with the West Right- of-Way of FM 2181; THENCE North 37 Degrees 39 Minutes 43 Seconds West along the Center line of Hickory Creek Road and the South line of the said Flatt tract a distance of 800.00 feet to an iron pin called for at the Southwest corner thereof; THENCE North 06 Degrees 46 Minutes 25 Seconds East along a fence with the West line of the said Flatt tract passing the Northwest corner thereof and the Southwest corner of the 10.0 acre Connell tract, in all, a total distance of 796.80 feet to an iron pin called for at the Westerly Northwest corner of the said Connell tract; THENCE South 86 Degrees 23 Minutes 30 Seconds East with a line of the said Connell tract a distance of 100.80 feet to an iron pin called for at a reentrant corner thereof; THENCE North 03 Degrees 48 Minutes 57 Seconds East with the West line of the said Connell tract, passing the Northerly Northwest corner thereof and continuing with a West line of the said Thompson tract, in all, a total distance of 722.03 feet to an iron pin called for for a reentrant corner thereof; THENCE North 84 Degrees 23 Minutes 27 Seconds West with a South line of the said Thompson tract a distance of 25.44 feet to an iron pin called for at an angle point therein; THENCE South 85 Degrees 46 Minutes 53 Seconds West continuing with the South line of the said Thompson tract a distance of 1183.68 feet to an iron pin called for at the most Westerly Southwest corner thereof; THENCE North 01 Degrees 25 Minutes 29 Seconds East with a West line of the said Thompson tract a distance of 579.93 feet to an iron pin called for at the Westerly Northwest corner thereof; PAGE 2 OF EXHIBIT licit 58.81 ACRE TRACT Page 2 THENCE North 89 Degrees 41 Minutes 00 Seconds East with the North line of the said Thompson tract a distance of 2381.90 feet to an iron pin called for at the Northeast corner thereof in the West Right-of-Way of FM 2181; THENCE South 00 Degrees 01 Minutes 04 Seconds East with the Fast line of the said Thompson tract and the West Right-of-[Jay of FM 2181 a distance of 934.73 feet to a point for the Easterly Southeast corner of the herein described tract at the Northeast corner of a certain 15.67 acre tract; THENCE North 38 Degrees 58 Minutes 20 Seconds West severing the said Thompson tract with the North line of the 15.67 acre tract a distance of 588.36 feet to the Northwest corner thereof in a West line of the said Thompson tract and the East line of the said Connell tract; THENCE South 02 Degrees 20 Minutes 17 Seconds West with the West line of the said Thompson tract and the East line of the said Connell tract, passing the Southeast corner thereof and the Northeast corner of the said Flatt tract continuing, in all, a total distance of 1123.04 feet to the PLACE OF BEGINNING and enclosing 58.81 acres of land. This description was prepared from record information only. 9241/jd38