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2013-329s: \legal \our documents \ordinances \13\z13- 0007.doc ORDINANCE NO. 2013 "329 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN INITIAL ZONING DISTRICT AND LAND USE CLASSIFICATION OF NEIGHBORHOOD RESIDENTIAL 1 (NR -1) ON APPROXIMATELY 2.39 ACRES OF LAND LOCATED ON THE EAST SIDE OF BONNIE BRAE STREET, APPROXIMATELY 3,500 FEET SOUTH OF VINTAGE BOULEVARD AND 3,500 FEET NORTH OF FORT WORTH DRIVE (U.S. 377) , IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (Z13- 0007'). WHEREAS, Thomas C. Atkins has applied for an initial zoning request of Neighborhood Residential 1 (NR -1) on approximately 2.39 acres of land legally described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and incorporated herein by reference (hereinafter, the "Property "); and WHEREAS, after providing notice and after conducting a public hearing on October 23, 2013 as required by law, the Planning and Zoning Commission recommended approval (6 -0) of the requested initial zoning; and WHEREAS, after providing notice and after conducting a public hearing on November 19, 2013 as required by law, the City Council finds that the initial zoning is consistent with the Denton Plan and is in the public interest; 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 Property is hereby assigned a Neighborhood Residential 1 (NR -1) zoning district classification and use designation. Notwithstanding the attached real property description, the property being zoned includes all property to the centerline of all adjacent street rights -of -way. SECTION 3. The City's official land use map is amended to show the change in the 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 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. sAlegal \our documents \ordinances \13\z13- 0007.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 O , 2013. t MARK A. BtJRI ...... UGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY w � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY s: \legal \our documents \ordinances \13\z13- 0007.doc EXHIBIT A LEGAL DESCRIPTION Shane Murphy— Bonnie Brae Tract BEING all that certain lot, tract, or parcel of land situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Brighton Trading Company, L.C. to Berth H. Gibbs recorded in Volume 3382, Page 967, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for corner in Bonnie Brae Street, a public roadway, said point being the northwest corner of that certain tract of land conveyed by deed from Ginger Rodgers to Kenneth A. Wright and wife, Susan L. Wright recorded under Clerk's File Number 93- R0035612, Real Property Records, Denton County, Texas; THENCE N 000 41' 38" W, 153.24 feet with said Street to an iron rod found for corner, said point being the southwest corner of that certain tract of land conveyed by deed from Brighton Trading Company, L.C, to Lance T. Crawford and wife, Kimberly M. Crawford recorded in Volume 3382, Page 952, Real Property Records, Denton County, Texas; THENCE N 890 49'31" E, 691.55 feet with the south line of said Crawford tract to an iron rod set for corner; THENCE S 000 20' 49" E, 148.67 feet an iron rod set for corner in the north line of said Wright tract; THENCE S 890 26' 44" W, 688.82 feet with said north line of said Wright tract to the PLACE OF BEGINNING and containing 2.392 acres of land. s:A quiI \our (IocumcnisAordinances \13\ ,13- 0007,(1 oc AhX� R,BI� B LOCATION MAP