1988-092NO
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1,
AS AMENDED, AND AS SAID MAP APPLIES TO 51 3 ACRES OF LAND LOCATED
ALONG THE ELM FORK OF THE TRINITY RIVER AND BEING PART OF THE J
CLAYTON SURVEY, ABSTRACT 221, THE J LAMAR SURVEY, ABSTRACT 754,
AND THE M MCBRIDE SURVEY, ABSTRACT 804, AS IS MORE PARTICULARLY
DESCRIBED HEREIN, TO PROVIDE FOR AN AGRICULTURAL "A" DISTRICT
CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN A
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has petitioned for a permanent
agricultural "A" district zoning classification and use
designation for 51 3 acres of land located along the Elm Fork of
the Trinity River, and
WHEREAS, on April 27, 1988, the Planning and Zoning
Commission held a public hearing on the petition and recommended
approval thereof, and,
WHEREAS, on June 7, 1988, the City Council held a public
hearing on the petition at which time all interested parties
were given an opportunity to be heard, notice of the time and
place of the hearing having been given at least fifteen days
prior to the hearing date by publication in the Denton-Record
Chronicle, the official newspaper of the City of Denton, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the property described in Exhibit "A",
attached hereto and incorporated herein by reference, is hereby
designated and classified as an Agricultural "A" zoning district
under the Comprehensive Zoning Ordinance of the City of Denton,
Texas
SECTION II That the Zoning Map of the City of Denton,
Texas, adopted the 14th day of January, 1969, as and 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
the zoning designation and classification of the described
property herein made
SECTION III That the City Council of the City of Denton,
Texas, hereby finds that such designation and classification is
in accordance with a comprehensive plan for the purpose of
promoting the general welfare of the City of Denton, Texas, and
with reasonable consideration, among other things, for the
character of the district and for its peculiar suitability for
particular uses, and with a view to conserving the value of the
buildings, protecting human lives, and encouraging the most
appropriate uses of land for the maximum benefit to the City of
Denton, Texas, and its citizens
SECTION IV That 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
thereunder, shall be guilty of a misdemeanor punishable by a
fine not exceeding Two Thousand Dollars ($2,000) 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
ordinance is committed, or continued, and upon conviction of any
such violation, such person shall be punished within the limits
above
SECTION V That this ordinance shall become effective
fourteen (14) day 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
L-V
RAY PHEgS, MAYOR
ATTEST
all-L eVAXtM
SECRETARY
J I E
L ERS, CITY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY fl _n,
Z-88-001/Page 2
EXHIBIT "A"
ALL that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas and being part
of the J Clayton Survey, Abst. No 221, J Lamar Survey, Abst
No 754, M McBride Survey, Abst No 804 and more fully
described as follows
BEING a strip of land 100' in width and containing
approximately 51 3085 acres of land more or less, said 100'
strip lying $0' on each side of the centerline described below,
COMMENCING at the southeast corner of a tract of land described
in a d ed from Frank N Martino et all to Richard W Ragsdale
et all dated October 2, 1975 and recorded in Vol 759, Page 879
of the Deed Records of Denton County, Texas, said point also
lying in the middle of a channel of the Elm Fork of the Trinity
River, said point also lying in the south boundary line of said
J Clayton Survey,
THENCE north 870 41' 10" west along the south boundary line of
said Ragsdale tract and the south boundary line of said survey,
passing the northeast corner of the tract described in
ordinance No 85197 of the present city limits and continuing
for a total distance of 1,000 82' to a point lying 4,469 42'
east of the southwest corner of said Ragsdale tract, and in the
present city limits line for corner,
THENCE north 02° 18' SO" east a distance of 50 0' to the POINT
OF BEGINNING
THENCE south 870 41' l0" east 50 0' north of and parallel to
the south boundary line of said Ragsdale Tract and the south
boundary line of said survey to a point lying in the center
line of said Elm Fork of the Trinity River,
THENCE northerly along the centerline of said Elm Fork of the
Trinity River, same being the east boundary line of said
Ragsdale tract, the west boundary line of the First Tract
described in a deed from George W. Lother et ux to W D Hodges
et ux dated January 14, 1942 and recorded in Vol 295, Page 182
of the D.R.D.C.T. passing the northwest corner of said Hodges
First Tract, and the southwest corner of the Second Tract as
described in said Hodges deed, to the northeast corner of said
Ragsdale tract, and the southeast corner of a tract described
in a deed from Michael C. Ramos, Trustee to S M 6 R dated March
9, 1977, and recorded in Vol. 825, Page 937 of the D R.D.C T ,
for corner,
THENCE northerly continuing along the centerline of said Elm
Fork same being the east boundary line of said S M b R tract,
and the west boundary line of said Hodges Second Tract, the
following 12 courses and distances, (1) north 32° 43' 16" west,
310 94' , (2) north 370 56' 0" west, 603 50' , (3) south 88° 22'
0" west, 316 101, (4) south 71° 06' 0" west, 268 50',
Z-88-001
EXHIBIT "A" (CON'T)
(S) south 790 S7' O" west, 481.40', (6) north OS° 59' O" west,
335 80', (7) north 46° 28' O" east, 27, 30 to a the northwest
corner of said Hodge Second Tract, and the southwest corner of
a tract described in a deed from C F Adcock et ux to Perry
Lee Barthold at ux dated January 24, 1978 and recorded in Vol
872, Page 413 of the D R D C T , (8) north 210 21' 0" east,
310 3010 (9) north 040 53' O" east, 294 101, (10) north 130 10'
0" west, 254 701, (11) north 44° 38' 0" west, 216 40', and
(12) north 210 31' 0" east, 449 30' to a the northeast corner
of said S M 6 R tract, said point being the southeast corner of
a tract described in a deed from Sid Ford et ux to Oliver A
Fields dated may 3, 1937 and recorded in Vol 265, Page 364 of
the D R D C T for corner,
THENCE northerly continuing along the centerline of said creek
same being the east boundary line of said Fields tract, the
west boundary line of said Barthold tract, the following 4
courses and distances, (1) north 33° 30' 0" east, 870 00', (2)
north 35' 30' O" west, 34S 001, (3) north 07° 0' OS" east,
passing the northwest corner of said Adcock tract, and the
south right~of-way line of F M 428, passing the north
right-of-way line of said F M 428, and the southwest corner of
a tract described in a deed from Patrick D McQueen to Bill
Lynch dated February 10, 1986 and recorded in Vol. 1881, Page
880 of the D R D C T and continuing for a total distance of
430 00', and (4) north 430 3S' 0" east, S04 00' to the
northeast corner of said Fields tract and the northwest corner
of said Lynch tract, and the southeast corner of Tract 6
described in a deed to R H Venable from Mrs Comette Noodrum
et all dated October 16, 1959 and recorded in Vol 4SO, Page
63S of the D R D C T and the southwest corner of a 37 0 acre
tract described in a deed from Nennie Mae Cagle to Olen L
Spencer dated November 17, 1952 and recorded in Vol 384, Page
51 of the D R D C T said point also lying in the north
boundary line of said Clayton Survey, and the south boundary
line of said Lamar Survey for corner,
THENCE northeasterly continuing along the center line of said
Elm ForK same being the east boundary line of said Venable
Tract 6 and the west boundary line of said 37 0 acre Spencer
tract, to the northwest corner of the remainder of the 37 0
acre Spencer tract, and the southwest corner of a 7 1S7 acre
tract described in a deed from Roy T Spencer to Olen L
Spencer dated November 1, 1977 and recorded in Vol 868, Page
869 of the D.R.D C.T. for corner,
THENCE north 470 4S' 00" east continuing along the centerline
of said Elm Fork same being the west boundary line of said
7 1S7 acre Spencer tract, and the east boundary line of said
Venable Tract 6, a distance of 141.33' to the northwest corner
of said 7 157 acre Spencer tract, and the southwest corner of a
S9 157 acre tract described in a deed from Gregory Brian Bond
Z-88-001
EXHIBIT "A" (CON'T)
to Olen L Spencer dated June 19, 1980 and recorded in Vol
1022, Page 691 of the D.R.D.C T for corner,
THENCE northeasterly continuing along the centerline of said
Elm Fork same being the west boundary line of said S9 157 acre
Spencer tract, and the east boundary line of said Venable Tract
6, the following 7 courses and distances, (1) north 470 4S'
east, 252 651 , (2) north 800 31' east, 156 101, (3) north
490 18' east, 228 70', (4) north 630 47' east, 267 50', (5)
north 340 30' east, 2S9 8', (6) north 690 11' east,
440 801, and (7) north 660 46' 57" east, 35S 78' to the
northwest corner of said 59 157 acre Spencer tract, and the
southw• t corner of a tract described in a deed from Reuben
Cagle, Jr to Radford A Fuller et ux dated December 24, 1975
and recorded in Vol 768, Page 973 of the D R D C T for corner,
THENCE northeasterly continuing along the centerline of said
Elm Fork same being the west boundary line of said Fuller
tract, and the east boundary line of said Venable Tract 6, the
following 12 courses and distances, (1) north S20 35' east,
passing the northeast corner of said Venable Tract 6, and the
southeast corner of Tract 30 described in said deed to R H
Venable, and the north boundary line of said Lamar Survey and
the south boundary line of said McBride Survey,continuing along
the west boundary line of said Fuller tract, and the east
boundary line of said Venable Tract 3 for a total distance of
247 27', (2) north $70 57' east, 388.00', (3) north 290 08'
east, 321 001, (4) north, 209 001, (5) north 170 S9' west,
424 00', (6) north 100 32' west, 209 00', (7) north 170 33'
east, 103.00' , (8) north 800 29' east, 113 00', (9) south
720 28' east, 252 001, (10) south 700 07' east, 223 00',
(11) south 800 40' east, 285.0019 and (12) north 710 44'
east, 224 73' to the northeast corner of said Fuller tract, and
the northwest corner of a tract described in a deed from H B.
Bly, trustee to Charlcie H. Townson dated January 13, 1986 and
recorded in Vol 1801, Page 202 of the D.R D C T for corner,
THENCE easterly continuing along the centerline of said Elm
Fork same being the north boundary line of said Townson tract,
and the south boundary line of said Venable Tract 3, the
following 9 courses and distances, (1) north ISO SS' 30"
east, 96.201; (2) north 320 46' 30" east, 187.10', (3) north
530 12' 40" east, 141.401; (4) north 810 47' 10" east
339 30', (S) north 790 40' 10" east, 134.20', (6) south 816
47' 10" east 339.30'; (7) north 790 40' 10" east, 134.2',
(8) north 604 07' 30" east, 363.10', and (9) north 480 4S'
40" east, 226.40' to the northerly northwest corner of said
Townson tract, and the southwest corner of a tract described in
a deed from L.A. Beaty to 0 0. Beaty dated February 18, 1950
and recorded in Vol. 357 Page 606 of the D.R D C T for corner.,
Z-88-001
EXHIBIT "A" (CON'T)
THENCE northerly continuing along the centerline of said Elm
Fork same being the east boundary line of said Venable
Tract N6, and the west boundary 1 ne of said Beaty tract,
passing the northeast corner of said Venable Tract 3, and the
southeast corner of a tract described in a deed to Perman 0
Smith from Charlie May Maddin dated May 6, 1955 and recorded in
Vol 409, Page 452 of the D R D C T. to the northwest corner of
said Beaty tract, and the southwest corner of a tract described
in a deed from Daniel M Mahoney Realtors, Inc to D M
Mahoney/0 S Royalty Joint Venture dated January 30, 1981 and
recorded in Vol 1058, Page 603 of the D R D C T for corner,
THENCE northerly continuing along the centerline of said Elm
Fork s me being the west boundary line of said Mahoney tract,
and the east boundary line of said Smith tract, the following 9
courses and distances, (1) north 490 23' SS" west, 82 98',
(2) north ISO 09' 15" west, 149 191 , (3) north 400 10' 02"
west, 243 40', (4) north 2S0 08' 41" west, passing the
northeast corner of said Smith tract, and the southeast corner
of Tract 1 described in a deed from John W Porter to Eagle
Farms, Inc dated July 19, 1979 and recorded in Vol 963, Page
734 of the D R D.C T and continuing for a total distance of
161 391, (5) north 140 34' 26" east ISO 48', (6) north 270
S8' 18" east, 200 41', (7) north 886 47' S9" east, 525 12'
and (8) north 610 071 13" east, 254.671, and (9) north 336
13' 54" east, 312 03' to a point lying 434 43' south of the
northwest corner of said Mahoney tract for the Point of
Termination
2057a
Z-88-001
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