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2014-422s:\legal\our documents\ordinances\14\s14-Q006 ordinance.docx ORDINANCE NO. 2014-422 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A SPECIFIC USE PERMIT TO ALLOW A"BASIC UTILITY," A DENTON MUNICIPAL ELECTRIC (DME) ELECTRICAL SUBSTATION, ON APPROXIMATELY 10.372 ACRES OF LAND WITHIN A NEIGHBORHOOD RESIDENTIAL 6(NR-6) ZONING DISTRICT. THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE EAST SIDE OF GEESLING ROAD, APPROXIMATELY 600 FEET NORTH OF BLAGG ROAD AND 1,800 FEET SOUTH OF UNIVERSITY DRIVE (US 380), 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 (514-0006). WHEREAS, Denton Municipal Electric, has applied for a Specific Use Permit to allow a "Basic Utility," an electrical substation, on approximately 10.372 acres of land within a Neighborhood Residential 6(NR-6) zoning district 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 November 5, 2014 as required by law, the Planning and Zoning Commission recommended approval (7-0) of the Specific Use Permit; and WHEREAS, after providing notice and after conducting a public hearing on December 2, 2014 as required by law, the City Council fnds 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 Specific Use Permit to allow a"Basic Utility" on the Property is hereby approved, subject to the following conditions: A perimeter masonry security wall shall be constructed with a minimum height of ten (10) feet. SECTION 3. 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 4. 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 5. 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. �� '� � � ��._ ���� CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � � � � � � ,�� BY: � � �° ��"��.����.� f � � �:��� �� �::�,W �s' � � �"� . APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY F : ,, /� �., �� ��� ; � � �� ��� ��� BY:� � �u � � � � ��' �" ° ���°•��w� �� m� _____ ..__.. STATE OF TEXAS COUNTY OF DENTON EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION - 10.372 ACRES ALL OF THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 97.277 ACRE TRACT CONVEYED TO JOHN POWELL WALKER, etal AS RECORDED IN DOCUMENT NUMBER 93-0034125 OF THE REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEOINNIN� at a 1/2 inch iron pipe found lying in the east line of Geesling Road at a westerly exterior corner of the said Walker tract, same being the southwest corner of a oertain 1.043 acre tract of land as described in deed to Lynell Cawood as recorded in Document Number 95-0034882 of the said Real Property Records for the northwest corner of the herein described tract, from which a 1/2 inch capped iron rod found bears North 02°41'52" East, [Record - N 03°10'00" E], a distance of 135.91 feet [Record -135.65 feet] being the northwest corner of said 1.043 acre tract; THENCE South 87°53'22" East, [Record - S 89°54'18" E] with the common line of said Walker tract and said Caw+ood tract, passing a 3/8 inch iron rod found being the southeast corner of said Cawood tract at a distance of 336.47 feet [Record - 337.00 feet], continuing in all a distance of 715.70 feet to a 5/8 inch capped iron rod set and stamped "TNP" for the northeast corner hereof; THENCE South 01 °56'26" West, a distance of 652.34 feet, to a 5/8 inch capped iron rod set and stamped TNP, for the southeast corner hereof, same being the northeast corner of a certain 3.02 acre tract of land as described in deed to Texas Municipal Power P�qency as recorded in Volume 1149, Page 494 of the Deed Records of Der�ton Courity, Texas, from which a 1/2 iron rod found bears South 48°OS'31" West, [Record - S 46°13'51" WJ, a distance of 45.07 fset [Record - 45.10 feet] being the most easterly southeast corner to said 3.02 acre tract; THENCE North 88°07'4G' West, [Record - N 89°59'49" WJ with the common line of said Walker tract and said 3.02 acre tract a distance of 549.48 feet [Record - 549.5 feet], to a 5/8 inch capped iron rod set and stamped TNP, at an angle point of said Walker tract; THENCE North 38°36'05" West, [Record - N 40°27'41" VNJ continuing with said common line, a distance of 255.79 feet [Record - 255.0 feet], to a 5/8 inch capped iron rod set and stamped TNP, being the northw+sst corner of the said 3.02 acre tract, same being the w�ssterly southwest corner of the Walker tract and lying in the east line of Geesling Road; THENCE North 01 °56'4G' East, [Record - N 00°00'11" V1/J along the common line of the Walker tract and the east line of said Geesling Road, a distance of 460.75 feet [Record - 459.04 feet], to the POINT OF BEt31NNIN0 and containing 10.372 acres of land more or less. EXHIBIT B LOCATION MAP