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2014-261s:\tegal\our documents\ardinances\14\ca14-6002.docx � � � , ' ' �; � � � ; � •� :' � �,. � : �� : : � �� . .., � ..... R � /: � ' �� . '�� R. ��. I. • !' R ! ��. � !' '. � • .�. � . !� • � .. � :� �.. !; '�. ,, : ..... � � •. � •�. � : ! . .... R �.. �, .... !� '�. I � ,; : . ! ♦ : • . '..• �� •, ; � ♦ :•� � . � • � � •. '� �.. 1 R ', ,� : ♦ �.. ,�. �. � � �; �' � •. �; 1 ,: •, �,.. �'. , � . ..� � '� •.: �. `. :': �. . � � ,. � �: � . . � ��. 1 • � !. � �. � �.. : • �. �, � �. ... �. :� •' : �. ,. .� � � l�� 1 � �. ��:. � ��. ��.: ... ..:• ; � � �� . � �� . �:�: .� • � •.: � '' � l�� • ,� � � R. ! � ,, ��... , �� •..! � !��'�. � '�. ::... � '�. � �' ' �. :� i .. . � � � �� ' � '. ... � : .� �' ,... I • •. ,.. � !. �� : ��. R' ♦ � � � . :' ♦, �� ♦ . ♦.. I '..': i, . �. WHEREAS, Steven Homeyer (Homeyer Engineering, Inc.) has applied for a Comprehensive Plan Amendment to change the future land use designation from 66Employment Centers" to 66Industrial Centers" on two tracts totaling approximately 131.7 acres of land with Tract 1 legally described in Exhibit "A99y attached hereto and incorporated herein by reference, and Tract 2 legally described in Exhibit 66D 999 attached 1� hereto and incorporated herein by reference (hereinafter, the 66Properties"}; and WHEREAS, on July 23, 2014, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the Comprehensive Plan Amendment; and WHEREAS, on August 19, 2014, the City Council concluded a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set for in Section 35.3.3 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; NOW Tlll.�ne�,l'one�,y �. �• ,� : 1 �• ,' : •� �... R� � . ./ � , ��..: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The future land use designations far the Properties are hereby changed from 66Emplayment Centers" to 66Industrial Centers". Notwithstanding the attached real property descriptions, the properties being re-designated include all property to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official future land use map is amended to show the change in future land use designations. s:\legal\our documents\ordinances\14\ca14-0002.docx 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 the provisions or applications, and to this end the provisions of this ordinance are severable. �l�C; �IC1�1 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 ��,�'��,� ��'�� 2014. . ,? �� ,� �� .��.1 a ��'t� : µ ATTEST: JENNIFER WALTERS, CITY SECRETARY f � � BY: �`'� �'�, _.�. t1i'I'}� l�.IJ AS ' C� LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i � n ` �� , E ,F � BY 1 � � � .... � ,� � � .v�,�.� � � �....��. �. s:\legal\aur docurnents\ordinances\14\ca14-dOQ2.docx Exhibit A Tract 1 Legal Description TRACT 1 FIELD NOTES to all that certain tract of land situated in the William Bryan Survey Abstract Number 148, in Denton County, Texas, and being a part of a called 160 acre tract of land described in a deed from Wallace E. Davis et ux to Dianne Davis Atkinson et ux and Wallace E. Davis Jr. et ux as recorded in Volume 612 Page 430 of Deed Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING for the Northeast corner of the tract being described herein at a capped iron rod set at the intersection of the West line of Western Boulevard as defined by the Street Right-of-Way Donation Deed recorded in Instrument Number 2005-69877 Real Property Records, Denton County, Texas, and the North line of said Atkinson 8� Davis tract; THENCE wlth the East line of the herein descrlbed tract and the West line of said Boulevard along or near a fence the following 11 courses and distances: 1)South 00 degrees 11 minutes 55 seconds East a distance of 139.63 feet to a capped iron rod set at the beginning of a curve to the left having a radius of 867.50 feet and a chord bearing of South 20 degrees 47 minutes 58 seconds East and a distance of 610.47 feet; 2) Southeasterly wfth the arc of sald curve an arc distance of 623.82 feet to a capped iron rod found stamped "Arthur Surveying" for the end of said curve; 3) South 41 degrees 24 minutes 01 seconds East a distance of 250.38 feet to a capped iron rod found stamped "Arthur Surveying" at the beginning of a curve to the right having a radius of 882.49 feet and a chord bearing of South 20 degrees 07 minutes 20 second East and a distance of 640.51 feet; 4) Southeasterly with the arc of said curve an arc distance of 655.47 feet to a capped iron rod found stamped "Arthur Surveying" for the end of said curve; 5) South 01 degrees 09 minutes 21 seconds West a distance of 362.01 feet to a capped iron rod set for an angle point in said line; 6) South 05 degrees 26 minutes 28 seconds West a distance of 100.30 feet to a capped iron rod found stamped "Arthur Surveying"; 7) South 01 degrees 09 minutes 04 seconds West a distance of 300.09 feet to capped iron rod found stamped "Arthur Surveying"; 8) South 03 degrees 07 minutes 33 seconds East a distance of 100.25 feet to a capped iron rod found stamped "Arthur Surveying"; s:\legal\our dacuments\ardinances\l4\cal4-OQ02.docx 9) South 01 degrees 09 minutes 24 seconds West a distance of 947.71 feet to capped iron rod set for an angle pofnt in said line; 10) South 08 degrees 16 minutes 51 seconds West a distance of 100.78 feet to a capped iron rod set for and angle point in said line 11) South 01 degrees 09 minutes 21 seconds West a distance of 54.41 feet to a capped iron rod set for the most Easterly Southeast corner of the herein described tract at the North corner of a tract of land described in a deed as a Right of Way Donation to the City of Denton as recorded in County Clerk Number 2007-81318 of the Real Property Records, Denton County, Texas; THENCE South 45 degrees 38 minutes 46 seconds West with the Northwesterly line thereof along or near a fence a distance of 77.85 feet to a capped iron rod set for an angle point in said line; THENCE South 10 degrees 19 minutes 24 seconds West continuing with said line a distance of 2.31 feet to a capped iron rod set on the North side of said road; THENCE South 89 degrees 59 minutes 19 seconds West with the North side of said road along or near a fence a distance of 1354.83 feet to a capped iron rod set in the West Ilne of said Atkinson & Davis tract; THENCE North 00 degrees 32 minutes 15 seconds East with the West line of said Atkinson & Davis tract a dlstance of 3533.12 feet to a capped iron rod set for the Northwest corner of safd Atkinson 8 Davis tract; THENCE South 89 degrees 06 minutes 19 seconds East with the North line of said Atkinson & Davis tract along or near a fence a distance of 826.80 feet to the PLACE OF BEGINNING and enclosing 104.75 acres of land more or less. s:\(ega(\aur documents\ordinances\14\ca14-OOd2.docx Exhibit B Tract 2 Legal Description FIELD NOTES to all that certain tract of land situated in the William Bryan Survey Abstract Number 148, in Denton County, Texas, and being a part of a called 1 BO acre tract of land described in a deed from Wallace E. Davis et ux to Dianne Davis Atkinson et ux and Wallace E. Davis Jr. et ux as recorded in Volume 612 Page 430 of Deed Records, Denton County, Texas, the subject tract being more particularly descrlbed as follows: BEGINNING for the Northwest corner of the tract being described herein at a capped iron rod set at the intersection of the East line of Westem Boulevard and the North line of safd Atkinson & Davls tract; THENCE South 89 degrees 06 minutes 18 seconds East with the North Ifne thereof along or near a fence a distance of 1009.87 feet to a point for the Northeast corner of said Atkinson & Davls tract and the Northeast corner of the herein described tract, from which a 6" wood fence post bears South 44 degrees 36 minutes 10 seconds West 0.80 feet and the Southeast corner of Lot One Block One of Bethel Temple Parsonage Addition, Cabinet F Page 117 P.R.D.C.T. bears South 84 degrees 42 minutes 20 seconds East 31.92 feet; said corner also being in the West line of a tract of land described in a deed to The Selwyn School as recorded in Volume 511 Page 178 Deed Records, Denton County, Texas; THENCE South 00 degrees 32 minutes 15 seconds West with the East line of said Atkinson & Davis tract and the West line of said Selwyn School along or near a fence a dlstance of 1787.22 feet to a point for the Northeast corner of a tract of land descrlbed in a deed to Rayzor Investments, Ltd., as recorded in County Clerks File Number 2012-144836, Real Property Records, Denton County, Texas; THENCE South 89 degrees 03 minutes 10 seconds West with the North line thereof a distance of 389.05 feet to a point for the Northwest corner of said Rayzor tract and being in the East Ifne of Western Boulevard for the Southwest corner of the herein described tract; THENCE along the following 10 courses and distances with the West line of the herein described tract and the East line of said road: 1) North 07 degrees 22 minutes 30 seconds West a distance of 47.63 feet to a point; 2) North 01 degrees 09 minutes 21 seconds East a distance of 262.01 feet to a point at the beginning of a curve to the left having a radius of 1017.50 feet and a chord bearing of North 20 degrees 07 minutes 20 seconds West; i * .+ . w. . - . � 1#1'�w 3) Northwesterly with the arc of said curve a distance of 755.74 feet to a capped Iron rod set; 4) North 41 degrees 24 minutes 01 seconds West a dlstance of 250.38 feet to a capped iron rod set at the beginning of a curve to the right having a radlus of 732.50 feet and a chord bearing of North 20 degrees 47 minutes 58 seconds West; 5) Northwesterly with the arc of sald curve a distance of 526.75 feet to a capped Iron rod set; THENCE North 00 degrees 12 minutes 01 seconds West a dtstance of 137.05 feet to the PLACE OF BEGINNING and enclosing 2B.95 acres of land more or less.