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1979-021 Note 79-21 has beem amended by ordinance ~5-066 adopted 4-11-95 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 4 47 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXA~ AND BEING IN THE M. FORREST SURVEY, ABSTRACT NO 417, DENTON COUNTY, TEXAS, CLASSIFYING THE SAME AS PLANNED DEVELOPMENT "PD" DISTRICT PROPERTY, AND DECLARING AN EFFECTIVE DATE WHEREAS, the request for annexation was introduced at a re- gular meetzng of the City Council of the City of Denton, Texas, on the petition of SAFETY KLEEN CORPORATION, and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on January 16, 1979, for all anterested per- sons to state their views and present evidence bearzng upon the annexation provided by this ordinance, and WHEREAS, th~s ordinance has been publzshed an full at least one t~me ~n the official newspaper of the C~ty of Denton, Texas, przor to ars effective date, and after the publac hearangs, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS S~CTION I That the hereinafter described tract of land be, and the same ~s hereby annexed to the C~ty of Denton, Texas, and the same as made hereby a part of sald Czty and the land and the present and future ~nhabltants thereof shall be entitled to all the rights and privileges of other c~t~zens of sa~d Caty and shall be bound by the acts and ordinances of sa~d Caty now zn effect or which may hereafter be enacted and the property sztuated therean shall be subject to and shall bear lts prorata part of the taxes levaed by the Czty The tract of land hereby annexed as described as follows, to-wa~. All that certazn lot, tract or parcel of land lymng and bezng smtuated in the Czty and County of Denton, State of Texas, and being part of the M Forrest Survey, Abstract No 417, and being part of two tracts of land, hereinafter referred to as Tract One and Tract Two, Tract One bezng conveyed to James C Payne by deed dated September 9, 1963 and recorded zn Volume 499, Page 351 of the Deed Records of Denton County, Texas, and Tract Two bemng con- veyed to Margaret Ann McMmllan and J H Neblett by deed dated December 29, 1969 and recorded in Volume 597, Page 208 of the Deed Records of Denton County, Texas, and more part3cularly des- crzbed as follows: BEGINNING at the northwest corner of said Tract One same being the southwest corner of said Tract Two said point of beglnnznq lying in the east right of way line of County Road, THENCE south 89° 26' 40" east along north boundary line of said Tract One, same being the south boundary line of said Tract Two a distance of 225 0 feet to a point for a corner, THENCE north 1° 32' east a distance of 70 0 feet to a point for a corner; THENCE south 890 26' 40" east a distance of 314 48 feet to a point for a corner, THENCE south 1° 32' west a distance of 70 feet to a point for a corner in the north boundary line of said Tract One same being the south boundary line of said Tract Two; THENCESouth 89° 26' 40" east along north boundary lane of sa~d Tract One same being the south boundary line of said Tract Two a distance of 275 12 feet to a point for a corner same being the northwest corner of said Tract One, THENCE south 1° 32' west along the west boundary line of said Tract One a d~stance of 213 9 feet to a point for a corner same bezng the southeast corner of said Tract One, THENCE north 89° 26' 40" west along the south boundary line of said Tract One a distance of 814 6 feet to a point for a corner in the east right of way line of a public road, same being the south- west corner of sa~d Tract One, THENCE north 1° 32' east along the west boundary lane of said tract same being the east r~ght of way line of said public road a dis- tance of 213 9 feet to the place of beglnnzng and containing 4 47 acres of land, more or less SECTION II The above described property is hereby classified as Planned Development "PD" District and shall so appear on the official zon- ing map of the Czty of Denton, which map is hereby amended accord- lngly and shall comply with the following conditions- 1 Plat approval shall constitute site plan approval as development occurs on the tract, 2 Curb cuts serving this tract shall be l~mlted and none shall be permitted on Cooper Creek Road, 3 Provisions for the transfer of commercial solvents, chlorinated substances and hydrocarbon substances under Mary Lee Street shall be sub~eut-t~ t~e~ap~val of the City Council, 4 70' x 290' shall be dedicated for the purpose of contlnulng Mary Lee Street to the eastern edge of Safety Kleen's property on the north side of Mary Lee Street, and 5. Developer shall be resonslble for 17' of pavement and one side of curb and gutter when development of the eastern portion of thzs tract occurs SECTION III Thls ordlnance shall be effective lmmedlately upon ~ts passage PASSED AND APPROVED thls the 20thday of ~arch , A D 1979 CI~OF DENTON, TEXAS ATTEST ~ I~OL , ~ITY S R TARY CITY OF DENTONt TEXAS APPROVED AS TO LEGAL FORM. CITY OF DENTONt TEXAS saftklen ord ORDIN CE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT NO 18 (PD-18) AS SHOWN IN THE ATTACHED DETAIL PL/~N FOR 21 1566 ACRES OF LAND IDENTIFIED AS LOT lA OF THE MARG-SAM ADDITION SITUATED THEREIN, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Safety-Kleen Corporation has applied for an amendment to Planned Development No 18 (PD-18), as originally defined by Ordinance No 74-31 and subsequently amended by Ordinance Nos 79-21, 88-208, to, with respect to the 21 1566 acres of land identified as lot lA of the Marg-Sam addition located therein, suspend the general conditions applicable thereto, and instead authorize development in a manner consistent with the detail plan attached as Exhibit A, and WHEREAS, on March 8, 1995, the Planning and Zoning Commission, after a public hearing, recommended approval of the requested changes, and WHEREAS, the City Council finds that the proposed amendments will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That Ordinance Nos 74-31, 79-21, and 88-208 (PD No 18), providing approval of a planned development zoning district classification and use designation for approximately 24 4439 acres of land, is hereby amended with respect to 21 1566 acres of land ~dentlf~ed as Lot lA of the Marg-Sam Addition located therein by adopting the detail plan, attached hereto and ~ncorpo- rated herein as Exhibit A for all purposes ~ That the provisions of th~s ordinance govern and control over any conflicting provisions of Ordinance Nos 74-31, 79-21, and 88-208, but all the provisions of sa~d ordinances not in conflict shall continue in force and effect ~ That a copy of this ordinance shall be attached to ordinance Nos 74-31, 79-21 and 88-208, showing the amendment here~n approved ~ That any person v~olat~ng any provision of this ordinance shall, upon conv~ctzon, be f~ned a sum not exceeding $2,000 00 Each day that a provision of this ordinance zs violated shall constitute a separate and dzstlnct offense ~ That this ordinance shall become effective fourteen (14) days from the date of its passage, and the Czty Secretary zs hereby directed to cause the captzon of this ordznance to be pub- llshed twice in the Denton Record-Chronicle, the offzclal newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the //~day of ~ , 1995 BOB CASTLEBERRY, ~R~ ATTEST JENNIFER WALTERS, CITY SECRETARY MICHAEL A BUCEK, _ACTING CITY ATTORNEY PAGE 2