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2013-091s:\legal\our documents\ordinances\131ca12-0004 spring valley estates ordinance.doc oxDrNaNCE rro. 2013-091 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT FROM "EMPLOYMENT CENTER" FUTURE LAND USE DESIGNATION TO "EXISTING LAND USE" DESIGNATION ON APPROXIMATELY 8.532 ACRES OF LAND LOCATED EAST OF LOOP 288 AND NORTH OF UNIVERSITY DRIVE (US 380), WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (CA12-0004) WHEREAS, Property Owners of Spring Valley Estates and City of Denton, Texas, have applied for a change in the Comprehensive Plan for approximately 8.532 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"); from "Employment Center" future land use designation to `Bxisting Land Use" future land use designation; and WHEREAS, on March 6, 2013, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested amendment; and WHEREAS, the City Council concluded a public hearing as required by law and finds that the change complies with criteria for such a change, as set forth in Section 35.3,3 of the Denton Development Code, and 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 as true. SECTION 2. The future land use designation for the Property is hereby changed from "Employment Center" to "Existing Land Use". Notwithstanding the attached real property description, the Property being amended includes all property to the centerline of a11 adjacent street rights-of-way. SECTION 3. The City's official land use map is amended to show the change in the future land use designation. 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 provision 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. s:llegallour documentslordinances1131ca12-0004 spring valley estates ordinance.doc 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 �` , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �� r�,� �� s:llegallour documentslordinances1131ca12-0004 spring valley estates ordinance.doc EXHIBIT A LEGAL DESCRIPTION THENCE North 00 degrees 55 minutes 45 seconds East, with the west line of said Spring Valley Drive and partially with the north line of said U.S. �ighway No. 380, a distance of 318.08 feet to a l/Z inch iron rod found for the southeast corner of said Morningside Drive; THENCE Soutl� 89 degrees 52 minutes 22 seconds West, with the south line of said Morningside Drive, a distance of 484.39 feet to a point for corner; THENCE South 00 degrees 28 minutes 44 seconds West, departing the south line of said Morningside Drive, a distance of 22.07 feet to a point for corner in the east line of a remnant tract of land described by deed to Bill Lynch, as recorded in Volume 399, Page 65, D.R.D.C.T.; THENCE North 89 degrees 44 minutes 31 seconds West, with a north line of said Lynch tract, a distance of 37.66 faet to a point for corner; THENCE North 28 degrees 43 minutes 10 seconds West, continuing with a north line of said Lynch tract, a distance of 52.68 feet to a point for corner; THENCE South 89 degrees 59 mututes 44 seconds West, passing a salient corner of said Loop No. 288, continuing on said course fot• a total distance of 47.19 feet to a point for an inner-ell corner thereof; THENCE with the east line of said Loop No. 288, the following three (3) courses and distances: 1) North 00 degrees O 1 minirtes 53 seconds East, passing at distances of 145.71 feet and 255.61 feet TXDOT monwnents found on line, continuing in said course for a tatal distance of 299.88 feet to a point for corner; 2) North 89 degrees 34 minutes 21 seconds East, a distance of 18.87 feet to a point for cot•ner; 3) North O1 degrees 35 minutes 47 seconds East, a distance of 118.50 feet to the POINT OF BEGINNING and containing a total of 8.532 acres of land, more or less. s:\legallour documentslordinances113\ca12-0004 spring valley estates ordinance.doc FIELD NOTE DESCRIPTION: SEING a 8.532 acre tract of land situated in the W. Lloyd Suivey, Abstract No. 774, in tlie City of Denton, Denton County, Texas, and primarily consisting of Sprnigvalley Estates, au unrecorded subdivision in Denton County, Texas, and four tracts of land dedicated to the City of Denton for use as a public roadway comprising of Spring Valley Drive, as recorded ui Volume 594, Page 393 ofthe Deed Records of Denton County, Texas (D.R,D.C.T.), Twilight Drive, Moonlight Drive, and Morningside Drive, as recorded in Volume 564, Page 470, D.R.D.C.T., and being more particularly described as follows: BEGINNING at a Texas Depaitment of Transportation monument (TXDO'1� found for the northwest corner of the herein described tract, same being in the east line of Loop No. 288 (a variable width right-of-way}, same being in the south line of a tract of land described by deed to Classic Corrugated, Inc., an Indiana corporation, as recorded 'ui County Clerk's File No. 96- R0048260, of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being in the common line of said W. Lloyd Su►vey, Abstract No. 774 and the S. Williams Survey, Abstract No. 1279; THENCE North 89 degrees 58 minutes 11 seconds East, with flie south 1'uie of said Classic Corrugated, I�ic. tract and said S. Willianis Survey, a distuyce of 770.88 feet to a 5/8 inch iron rod found for the northwest corner of a tract of land described by deed to Joy Henrie, as recorded in Volume 963, Page 879, D.R.D.C.T.; THENCE South 00 degrees 59 minutes 17 seconds West, departing the south line of said S Williams Survey aud with the west luie of said Henrie t��act, a dista�ice of 399.79 feet to a'/a inch iron rod fouiid for coruer; TIiENCE South 00 degrees 19 minutes 43 seconds West, continuing with the west line of said Henrie tract, a distance of 112.68 feet to a point for the noill�east cornec• of Lot 6, Slock C of said Springvalley Estates; THENCE South 89 degrees 57 mimrtes 44 seconds West, with the north line of said Lot 6, a distance of 144.21 feet to a pouit for comer in the east line of said Spring Valley Drive; '�HENCE South O1 degrees 18 minutes 49 seconds West, with the east line of said Spring Val1ey Drive, a distance of 18991 feet to a point for corner in the noith line of U. S, Highway No. 3 80; THENCE South O1 degrees 08 mimrtes 00 seconds West, continuing with the east line of said Spring Valley Drive and with the north line of said U.S. Highway No. 380, a distance of 56.71 feet to a point for corner; THENCE South 88 degrees 40 minutes 14 seconds West, with the south line of said Spriug Valley Drive and continuing with tlie north line of said U.S. Highway No. 3 S0, a distauce of 46.80 feet to a point for the southwest coi�ner of said Spring Valley Drive; s:llegallour documents\ordinances\13\ca12-0004 spring valley estates ordinance.doc ) � '. L I I �. - ! -. I i �l a z,� ! a 0 s ` '� , � � � i � � -I EXHIBIT B SURVEY . _ . _ . ��. .� . . . U�� "� S �� dz� ' ...o�.. 1..i � - °�:. � -� i '�� .�y�.+T� a . �_..�,._.._ I' '% �� �Y� r�•�� ? ��� i�� � �� � 'f�� � I� �n � � � - � I '- . . �1 � �.-C _ ' I ,� I ! I°ii ,� d —� � d _; � !� I V' ��� 1 �� a.. � 7T'11161TT DWVE �� � I,,ior:uli � ''' -� � `/� � j . - - +`v_ � 1 . 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