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1987-1921957L AN ORDINANCE OF THE CITY OF BENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL, SWIM CLUB, AND DAY CARE CENTER, AS SAID PERMIT APPLIES TO 8 8 ACRES OF LAND LOCATEB AT 1500 SOUTH BONNIE BRAE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 O0 FOR VIOLATIONS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That, pursuant to article 10 of Appendix B-Zoning of the Code ~f Ordinances, a specific use permit for a private school, swim club, and day care center is hereby granted for the property located at 1500 South Bonnie Brae Street, 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 herein by reference, subject to the following conditions 1 The area shown on the site plan as an "existing gravel parking lot" shall be paved by September 1, 1988 The paving shall be of asphalt or concrete, and shall be constructed xn accordance with City specifications 2 The 24' X 72' portable building utilized for the Jane Marshall School must be vacated and removed from the property within two years of the effective date of this ordinance 5 The three 20' X 60' portable buildings currently utilized for elementary school classrooms must be vacated and removed from the property when the certificate of occupancy for the permanent elementary classroom building is issued The entrance and exit only directional driveway signs must be posted by the effective date of this ordinance 5 The future fire lane parking area must be installed before the issuance of any additional certificates of occupancy for any building on the property 6 The day care center shall be limited to a maximum of ten (10) children 7 That after the effective date of this ordinance, no building permits, other than for the 24' X 72' portable building referred to in paragraph two, above, shall be issued until and unless all the property shown in Exhibit "B" is platted and all required improvements are provided for, in accordance with the approved plat and the provisions of Appendix A of the Code of Ordinances 8 The driveway to the one story frame building must be closed by September 1, 1988 SECTION III 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 amended to show such permitted use, subject to the above conditions and specifications SECTION IV That the City Council of the City of Denton, Texas, hereby f'inds that such change is in accordance with a com- prehensive 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 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 (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~~ day of~, 1987 ATTEST JE~IFER~I~ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY () EXHIBIT "A" 87 03193 FIELD NOTES All that certaxn tract or parcel of land that as satuated an the O S Brewster Survey, Abstract Number 56, Denton County, Texas being the tract described in the deed from Joe Reed Abbey to Laberty Full Gospel Church as recorded an Volume 1764 Page 79 of the Deed Records Denton County, Texas and being more fully described as follows Beganning at the northeast corner of thc O S Brcwster Survey, Abstract Number 56, Thence South 01 degrees 09 manutes and 48 seconds East along and near the center line of Bonme Brae and the east boundary lane of the saad Brewster Survey a distance of 331 60 feet to an aron pin, Thence South 89 degrees 00 minutes and 22 seconds West a distance of 605 94 feet to an aron pan m the east raght of way of the A T and S F R R, Thence North 16 degrees 17 minutes and 24 seconds West along said R R right of way a dastance of 187 75 feet to an aron pin, --"'~ Thence North 24 degrees 56 minutes and 52 seconds West along said R R right of way a dastanee of 16600 feet to an aron pin Thence North 16 degrees 17 manutes and 24 seconds West along said R R right fo way to its antersecnon with the north boundary lane of saad Brewster Survey a dastance of 5 00 feet to an aron pan, Thence north 89 degrees 28 minutes and 59 seconds East along sa~d north boundary line of Brewster Survey and the south boundary line of the E Puchalskl Survey, Abstract Number 996 to the northwest corner of the A Tompkins Survey Abstract Number 1246 on or near the center lane of said Bonnae Brae a distance of 723 23 feet to tl~e Point of Beginning and containing 5 084 acres of land PAGE 1 of 4 EXHIBIT "A" 87 0319 3 FIELD NOTES All that certain lot, tract, or parcel of land situated in Denton County, Texas m the O S Brewster Survey, Abstract Number 56 and being a tract described m deed to Liberty Full Gospel Church as recorded in Volume 1699 Page 687 of the Deed Records of Denton County, Texas and being more particularly described as follows Beginning at the most southerly southeast corner o£ Stonelmgh Addition as recorded m Cabinet D Page 17 Plat Records Denton County, Texas, Thence South 00 degrees 23 minutes l0 seconds East a distance of 20 0 feet to an iron pin set, Thence North 89 degrees 55 minutes 38 seconds West a distance of ]500 feet to an iron pin set, Thence North 00 degrees 23 minutes 10 seconds West a distance of 200 fcct to an iron pin set in the south line of said Stonelclgh Addition, Theace South 89 degrees 55 minutes 38 seconds East with the south line of said Stonelelgh Addition 1500 feet to the Point of Beginning and containing 3,000 square feet of land PAGE 2 OF 4 FIELD NOTES All that certain 3 691 acre tract or parcel of land situated in the eel S Brcwster Survey, Abstract Number 56, Denton County, Texas and being the tract described in deed to Liberty Full Gospcl Church as recorded in Volume 1416 Page 956 of the Deed Records, Denton County, Texas and being more particularly described as foll~ws, --'-'-~ Beginning for the northeast corner of the herein described tract at an iron pin set on the center line of Bonnie Brae Street at a point North 89 degrees 47 minutes 12 seconds East 278 feet from the northeast corner of said 2 105 acre tract, as described in deed to Donal H Stone as recorded in Volume 1187 Page 568 Deed Records of Denton County, Texas, Thence South 00 degrees 23 minutes 10 seconds East with the center line of Bonnie BroJe Street 233 56 feet to an iron pin set as recorded in Volume 1200 Page 266 Deed Records of Denton County, Texas at a point 26 97 feet west of the southeast corner of Tract 3, as described in deed from Abbey to Stone as recorded in Volume 1200 Page 266 Deed Records Denton County, Texas, Thence South 89 degrees 36 minutes 50 seconds West with the south line of said Tract 3 a distance of 175 00 feet to an iron pin set at the southwest corner of said Tract 3, Thence South 00 degrees 23 minutes 10 seconds East and passing at 5 25 feet to southerly southeast corner of said 2 105 acre tract aisc being the northeast corner of tract described in deed from Reaves to Stone as recorded ~n Volume 1247 Page 87 and continuing a total distance of 95 25 feet to an iron pin set at the southeast corner of said Reaves to Stone tract Thence North 89 degrees 55 minutes 38 seconds West with the south hne of said Reaves to Stone tract 275 0 feet to an iron pin set at its southwest corner Thence North 00 degrees 23 minutes 10 seconds West with the west line of said Reaves to Stone tract 90 0 feet to an iron pin set in the south line of said 2 105 acre tract PAGE 3 of 4 EXHIBIT "A" Thence North 89 dcgrees 55 minutes 38 seconds West wxth the south hne of sa:d 2 105 acre tract and passing its southwest corner at 1956 feet also being the southeast corner of Tract I of the saad Abbey to Stone tract and eontmuang with the south line of saad Tract I a total dastance of 91 74 feet to an iron pin set an the easterly raght of way of the A T and S F Railroad Thence North 15 degrees 34 minutes 36 seconds West with saad raght of way 246 31 feet to an aron pan set at the northwest corner o~' said Tract 1 Thence North 89 degrees 47 minutes 12 seconds East a dastance of 606 27 feet to the Poant of Begannang PAGE 4 of 4 EXHIBIT "B" ./