1992-133ALL002EA
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF DENTON~ TEXAS, PROVIDING FOR A CHANGE
FROM PLANNED DEVELOPMENT NO. 26 (PD-26) TO SINGLE FAMILY 7 (SF-7)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.396 ACRES
OF LAND LOCATED ON THE EAST SIDE OF NEWTON STREET AND THE NORTH
SIDE OF MORSE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, ALICO Distributors, Inc. has applied for a change in
zoning for 0.396 acres of land from Planned Development No. 26 (PD-
26) to Single Family 7 (SF-7) zoning district classification and
use designation; and
WHEREAS, on July 22, 1992, the Planning and Zoning Commission
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 HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 0.396 acres of land described in Exhibit A,
attached to and incorporated into this ordinance by reference, is
changed from Planned Development No. 26 (PD-26) to Single Family 7
(SF-7) 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.
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 four-
teen (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 news-
paper of the city of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the /~l"- day of ~ , 1992.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROV~ AS T~O LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
Page 2
EXHIBIT A
TRACT ONE
FIELD NOTES to all that certain tract of land situated in the
J. Brock Survey Abstract Number 55 in the city of Denton, Denton
County, Texas and being a part of the called 2.671 acre tract
described in the deed from Knight and Miller to ALICO Distributors,
Inc. recorded in Volume 2256 Page 142 of the said Real Property
Records of Denton County, Texas; the subject tract being more
particularly described as follows:
BEGINNING for the Northwest corner of the tract being described
herein, at a bois d' arc post in the East line of Newton Street, as
occupied, and being the most Westerly Northwest corner of the said
ALICO tract and the recognized Northwest corner of the First Tract
as described in the deed from J. M. Pitner et ux to H. M. Pitner
recorded in Volume 328, Page 302 of the Deed Records of Denton
County; the said post also being the Southwest corner of the called
0.868 acre tract described in the deed from Marjorie Pitner to
Willie Hudspeth recorded in volume 3157 Page 71 of the said Real
Property Records;
THENCE South 88 degrees 48 Minutes 33 Seconds East along the
Northerly side of an asphalt driveway with the South line of the
Hudspeth Tract and a North line of the ALICO tract a distance of
357.57 feet a % inch iron rod set for the Northeast corner of the
herein described tract;
THENCE South 02 Degrees 15 Minutes 32 Seconds West crossing the
said driveway with an extension of a West line of the ALICO tract
a distance of 16.48 feet to ½ inch iron rod set for a re-entrant
corner thereof;
THENCE North 89 Degrees 23 Minutes 01 Seconds West along the
Southerly side of the said driveway with a South line of the ALICO
tract a distance of 357.54 feet to a railroad spike found in
asphalt paving found at the most Westerly Southwest corner thereof
in the East line of Newton Street as occupied;
THENCE North 01 Degrees 54 Minutes 45 Seconds East crossing the
said driveway with a West line of the ALICO tract a distance of
20.07 feet to the PLACE OF BEGINNING and enclosing 0.150 of an acre
of land.
TRACT TWO
FIELD NOTES to all that certain tract of land situated in the
J. Brock Survey Abstract Number 55, in the city of Denton, Denton
County, Texas and being a part of the tract described in the deed
from First Baptist Church to Denton Independent school District
recorded in Volume 3237 Page 149 of the Real Property Records of
Denton County, Texas and further being all of the certain called
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0.28 acre tract situated in the Northwest corner of the First
Baptist Church tract and described as "Save and Except" in the deed
from H. M. Pitner et ux to Floyd Hensley et ux recorded in
Volume 587 Page 574 of the said Deed Records; the subject tract
being more particularly described as follows:
BEGINNING for the Northwest Corner of the tract being described
herein, at a called fence corner post at the Northerly Northwest
Corner of the said First Baptist Church tract and the said 0.28
acre tract also being the most Northerly Northeast corner of the
called 2.671 acre tract described in the deed from Knight and
Miller to ALICO Distributors, Inc. recorded in Volume 2256 Page 142
of the Real Property Records of Denton County;
THENCE South 85 Degrees 30 Minutes 16 Seconds East with the North
line of the said First Baptist Church tract, a distance of 298.70
feet;
THENCE South 02 Degrees 15 Minutes 32 Seconds West with the East
line of the said 0.28 acre tract a distance of 40.22 feet to a
~ inch iron rod set at the Southeast Corner thereof and the most
Easterly Northeast corner of the ALICO tract;
THENCE North 86 Degrees 58 Minutes 28 Seconds West with the North
line of the ALICO tract and the South line of the said 0.28 acre
tract a distance of 176.01 feet to a ~ inch iron rod set at an
angle point therein;
THENCE North 68 Degrees 59 Minutes 45 Seconds West continuing with
the North line of the ALICO tract and the South line of the said
0.28 acre tract a distance of 129.20 to a ~ inch steel pin found at
the Southwest Corner thereof;
THENCE North 01 Degrees 16 Minutes 01 Seconds East with the West
line of the said 0.28 acre tract a distance of 8.00 feet to the
PLACE OF BEGINNING and enclosing 0.246 acres of land.
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