1988-0932310L
NO $0._(1.,Q,1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC
USE PERMIT FOR A TEMPORARY BATCH PLANT AND CONSTRUCTION SITE, AS
SAID PERMIT APPLIES TO 15 2 ACRES OF LAND LOCATED AT THE NORTH-
WEST CORNER OF THE INTERSECTION OF RECTOR ROAD AND THE SERVICE
ROAD OF I-35, AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF,
AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That, pursuant to provisions of article 10 of
Appendix B-Zoning of the Code of Ordinances, a specific use
permit for a temporary batch plant and construction site is
granted for the 15 2 acres of land located at the northwest
corner of the intersection of Rector Road and the service road of
I-35, as is more particularly described in Exhibit "A", attached
hereto and incorporated herein by reference
SECTION II That the property shall be developed, used, and
maintained in accordance with the site plan shown in Exhibit "B",
attached hereto and incorporated by reference, and shall be
subject to the additional following conditions
1 Purpose and Duration This permit is granted for the
purpose of using the property for a temporary concrete
batch plant and construction site in support of the
highway construction work now in progress for that
portion of I-35, beginning from Highway 77 and
extending north to the Cooke County line The permit
shall expire upon completion of such highway
construction work, or by June 1, 1991, whichever
occurs first
2 Access No direct vehicular access, or improvements
providing for such access, shall be allowed, made, or
used, from the site to Rector Road
3 Screening A solid screening device shall be erected
an ma ntained on the site so as to substantially
screen the site from the existing residences on the
south side of Rector Road
4 Restoration of Site Upon completion of the highway
construction project, or prior to June 1, 1991, which-
ever first occurs, the property shall be substantially
restored to its prior agricultural use, by removal of
the batch plant and all construction site materials,
improvements, and facilities, except for the one-story
metal building, as identified on the site plan
SECTION III That the Zoning Map of the City of Denton,
Texas, adopted the 14th day of January, 1969, as an Appendix to
the Code of Ordinances of the City of Denton, Texas under
Ordinance No 69-1, as amended, is hereby further amended to show
such permitted use
SECTION IV That the City Council of the City of Denton,
E-er-eFy-determines that the conditions of Appendix B-Zoning
of the Code of Ordinances providing for the issuance of a specific
use permit under specified conditions have been found to exist
SECTION V Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
under, shall be guilty of a misdemeanor punishable by a fine not
exceeding Two Thousand Dollars ($2,000 00) Each such person
shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this ordi-
nance is committed, or continued, and upon conviction of any such
violations such person shall be punished within the limits above
SECTION VI That this ordinance shall become effective
fourteen ays 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 day of , 1988
RAY HENS, MAYOR
ATTEST
().6'n M"& & IFER7ALTERSO-CITY SECRETARY
A PROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY ~1 ~lVIM
STATE OF TEXAS EXHIBIT "A"
COUNTY OF DENTON
WHEREAS, S D RECTOR is the owner of all that certain tract of land situated in
the B Burleson Survey Abstract Number 65 and the J Ayers Survey Abstract
Number 2, Denton County, Texas and being a part of the called 88 54 acre tract
described in the Deed from S R Rector at ux to S D Rector et ux recorded in
Volume 247 Page 410 of the Deed Records of Denton County, Texas, the subject
tract being more particularly described as follows:
BEGINNING for the Southwest Corner of the tract being described herein at a nail
set in the South line of the said Rector Tract in the middle of Rector Road,
said nail being North 82 Degrees East a distance of 794 10 feet from the
reconstructed Southwest Corner of the said 88 54 acre tract,
THENCE North 07 Degrees 28 Minutes 00 Seconds West leaving said road and along a
chain link fence a distance of 620.68 feet to an iron rod set at a chain link
fence corner for the Northwest Corner of the herein described tract=
THENCE North 82 Degrees 51 Minutes 00 Seconds East along a chain link fence a
distance of 891.69 feet to an iron rod set at a chain link fence corner post for
an angle point in the North line of the herein described tract,
THENCE South 70 Degrees 24 Minutes 57 Seconds East continuing along said fence a
distance of 293 85 feet to an iron rod set in the West line of Interstate
Highway 351
THENCE with the West line of the said highway the following 6 courses and
distances:
1) South 24 Degrees 58 Minutes 57 Seconds West a distance
of 120 62 feet to an iron rod set,
2) South 04 Degrees 12 Minutes 54 Seconds East a distance
of 160 00 feet to an iron rod set,
3) South 26 Degrees 04 Minutes 05 Seconds East a distance
of 134 33 feet to a wooden highway marker,
4) South 04 Degrees 12 Minutes 54 Seconds East a distance
of 20 00 feet to an iron rod set)
5) South 32 Degrees 09 Minutes 19 Seconds West a distance
of 55 45 feet to the remains of a wooden post set in
concrete in the occupied North line of Rector Road,
6) South 10 Degrees 11 Minutes 08 Seconds East a distance
of 20.50 feet to a nail found in the center line of
Rector Road in the apparent South line of the said
Burleson Survey;
THENCE South 82 Degrees 00 Minutes 00 Seconds West with the center of Rector
Road and the South line of the said Rector Tract a distance of 1086 95 feet to
the PLACE OF BEGINNING and enclosing 15 234 acres of land
Z- -88-007
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