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1991-087G \WPDOCS\dfsdac ORDINANCE NO 1-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD) TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 14 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF HIGHWAY 77 AND RINEY ROAD, NORTH OF WINDSOR DRIVE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Denton First Seventh Day Adventist Church has applied for a change in zoning for 14 acres of land from Planned Develop- ment (PD) to Agricultural (A) zoning district classification and use designation, and WHEREAS, on June 12, 1991, the Planning and Zoning Commission recommended approval of the requested change in zoning, WHEREAS, the City Council finds that the change in zoning and approval of the detailed plan 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 14 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Planned Development (PD) to Agricultural (A) 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 day of 1991 BOB CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY ~J APPROV D AS L LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY PAGE 2 Exhibit A (Page 1 of 3) TRACT Is All that certain tract or parcel of land e tuate in the N. H. Meisenheimer Survey, Abstract 810, Denton County, Texas, being all of a certain tract described in a deed from C. C. Smith, at ux, to Horacio Pena, At al, on the 12th day of October, 1976 and recorded in Volume 808, Page 920, deed Records of said County, and being more fully described as follows BEGINNING at the northeast corner of said Pena Tract at a steel pin at a fence corner on the south boundary line of U. S. Highway 77; THENCE south along and near a fence on the east boundary line of said Pena Tract a distance of 804.83 feet to an iron pin at a fence corner at the northeast corner of a tract described in a deed from Cleora Parker to Melvin R. Dane on the 27th day of June, 1964 and recorded in Volume 511, Page 5966 Deed Records of Denton County, Texas; THENCE south 89°17'08" west with the north boundary line of said Dane Tract a distance of 196.0 feet to an iron pia At a fence corner at the northwest corner of said Dane Tract; THENCE south 0°02'47" west with the west boundary line of said Dane Tract along and near a fence a distance of 318.5 feet to an iron pin in the middle of Old Sanger Road at the southwest corner of said Dane Tract; e of Road THENCE distance eof 42'.88 feet to a liron piOld n atnthe southeast corner of a tract described in a deed from Grady R. McEuin Jr. at ux to J. A. Miller and recorded in Volume 921, cage 48s, Dead Records; , Exhibit A (Page 2 of 3) THENCE north 0°10'56" east with the east boundary line of said Miller Road a distance of 117 97 feet to a found iron pin at the northeast corner of said Miller tract, THENCE south 89°53'45" west with the north boundary line of said Miller tract a distance of 109.96 feet to a fence corner post at the southeast corner of a tract described in a deed from Patrick E Parker and recorded in Volume 667, Page 592, Deed Records of Denton County, Texas, THENCE north 0°49'10" west with a fence on the east boundary line of said Parker Tract a distance of 98 28 feet to a fence corner post, THENCE south 88°53'29" west with a fence on the north boundary line of said Parker tract a distance of 139 20 feet to an iron pin in the middle of Riney Road, THENCE north 01°26'43" west with the middle of Riney Road a distance of 659.95 feet to an iron pin at an angle point in said road, THENCE north 27°13'51" west with the middle of Riney Road a distance of 544.54 feet to an iron pin, THENCE north 48°17'27" east a distance of 24 73 feet to a found iron pin at the southwest corner of a tract described in a deed from Robert J. Moon, at ux to Charles Melvin Cunningham and recorded in Volume 632, Page 217, Deed Records of Denton County, Texas, THENCE north 48°17'27" east with the southeast boundary line of said Cunningham Tract a distance of 174.94 feet to a found iron pin at the southeast corner of said Cunningham Tract on the south right-of-way of U. S. High- way 77, THENCE south 59°34'29" east with the south right-of-way of U. S. Highway 77 a distance of 251.25 feet to a found iron pin; THENCE south 58°50'46" east with the south boundary line of U. S. Highway 77 a distance of 454.97 feet to the point of beginning containing in all 14.0734 acres of land. 'T'RACT II. BEGINNING at a steel pin in an old fence corner AT-THe-intersection of the east boundary line of Riney Road and the south boundary line of U. S Highway 77, THENCE south 59°22'47" east with the south right-of-way of U. S. Highway 77 a distance of 239.72 feet to a found PAGE 2'` ;1) Exhibit A (Page 3 of 3) iron pin at the northeast corner of a tract described in a deed from Robert J. Moon, at ux to Charlie Melvin Cunningham, at ux and recorded in Volume 632, Page 217, Deed Records of Denton County, Texas, THENCE south 47°09'33" west with the north boundary line of said Cunningham Tract a distance of 126 37 feet to a found steel pin at the northwest corner of said Cunningham Tract on the east boundary line of Riney Road, THENCE north 28°38'45" west with the east boundary line of Riney Road a distance of 237 04 feet to the point of beginning, containing in all 0.3333 acre of land, is hereby changed from Agricultural "A" District Classification and Use to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton. s SS