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2012-318s:llegallour documentslordinances1121z12-OOOS.doc ORDINANCE NO. 2O 12-318 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN INITIAL ZONING DESIGNATION OF INDUSTRIAL CENTER GENERAL (IC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, ON 25.03 ACRES OF LAND LOCATED EAST OF CORBIN ROAD AND SOUTH OF SHELBY LANE; PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z12-0008) WHEREAS, Corbin Realty II, L.P./ Vickie Marriott initiated a request for an initial zoning designation for approximately 25.03 acres of land legally described as Lots 1 and 2, Blocic A, Corbin Road Industrial Parlc, and as described in Exhibit "A" (hereinafter the "Property"), to the Industrial Center General (IC-G) zoning district classification and use designation; and WHEREAS, on September 24, 2012, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, on November 6, 2012, the City Council concluded a public hearing as required by law and finds the change in zoning is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classifications and uses designation of the Property is assigned an initial zoning designation of the Industrial Center General (IC-G) zoning district classification and use designation. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the � day of �' �/%2� , 2012. lu::. :�:�__:_:�.i� • �. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: E�ibit A Lots 1 and 2, Block A, Corbin Road Industrial Park Addition; and FIELD NOTES to all that certain lot, parcel or tract of land in the T.W. Daugherty Survey, Abstract Number 357, in the City of Qenton, Denfon County, Texas and being the remainder of a tract of land described i� a deed to Corbin Realty II, LP. as recorded in Instrument 2008-72774 Real Property Records, Denton County, Texas;�tf�e subject tract being more particularly described as follows, � _ �� � � `", BEGINNWG at Y2" square tube found for the Norkhwest aomer of th�;�F��(r i described tract and the Northwest corner af said Corbin Realty II, LP, tract a��tl bein'= n�or near the center of an apparent public road posted as Corbin Road an� �i r� g�e S�'uthwest cQm�r of L�t 3, Block C of Corbin R�oad Business Park, Phas I(�'n e�:ity of Denton, Denton County, Texas, according to the plat thereof record n C�b�r�:�t X, Page 89 of the Plat records, Denton County, Texas; �" M ' Thence South 89 degrees 48 minutes 37 seconds Ea ith'�#��. South line thereof a distance of 125.06 feet to capped �/" iron rod stamp '12"��iund for the Northeast corner of the herein described tract and being the t��h �'�es,��corner of Lot AP 5R, Black A of L.ots AP 1 R, AP 2R, AP 3R, AP 4R and �1�P SR,, C�d�piri�Road Industrial Park in the City of Denton, Denton County, Texas acc�``�din� to#�he Amending Plat thereof recorded in Dacument Number 2012-� 56 Plat Rec��ds, Denton;County, Texas; �_�:.. . � Thence South 36 degrees 27 minut�� 30 seconds'�ast with the West line thereaf a distance of 383.33 feet to a capped��l,�,�iron rod found stamped "5312" found for corner; Thence South 25 degrees 30 minu���,,3�0 s`'���onds East with the West line of said Lot AP 5R a distance of 559.13 feet to ��capped,�/i' iron rod stamped "5312" found far carner; Thence South 43 degrees 58 mini���s"��:�0 seconds East with the West line of said Lot AP 5R a distance of 385.62 fe�. to a capped'/2" iron rod stamped "5312" found for the Sfluthwest corner of said Lo P 5R and being the Southeast corner of the herein described tract in t� e��'�t�p ' F of said Corbin Realty II, LP tract and the North line of a tract of land des ri �; a e����,o J�sse H. Havenhill as recorded in Ins#rument Number 2Q05-88��� re ��� � � pe,�i Records, DentQn County, Texas; .�`� `3`� Thence est with th� '�;rth line thereof and the Sauth line of said Corbin Realty II, LP tract a dis nce of 86��.34 feet to a'/2" square tulae found in said Corbin Raad and being the South t corn�i�of the herein described tract and the Southwest corner of said Corbin Rea�ty=11, ;���ract and the Northwest corner of sald Havenhill tract; Thence North along or near the center of said Carbin Road a distance of 1090.90 feet to the PLACE OF BEGINNING and enclosing 11.81 acres of land more or less, �� ��- � 'Z