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2016-363�� • � + � � �� R I � � � '�. � �� . : �� . � �: ♦ 1 ! • : ! . ♦ ♦, R� � R •. �.... �'�. ♦ L � '. ♦ .... ♦ !�. � � , �,.• ! Ir '�.. ♦ ♦ ��: :, '� ♦ � � .R � ! •; �.� �, � k / .: � ........ , �' ♦. / � ♦ �� • ■ •�, I. �...... , �..• ! `�. � R' • � !` � • � ! � ,..... � .. . / / / '. � . �• ';� '. � '�. ''. � � •� � , .. ! � '; ,•; ,' .: •' . ��. �; .. t ! f. • ,� I . / �. � � ♦ I ♦ � � :�� '�� '/ f ... � � / 1� �� / �. / :. � �: ! ' ':• '. � . R.� � � .♦; . � � . �. . . .III " � � . _ . • •- . � - • �•- � - �' • • . .��' -� � ' . • . - � ,_. ' �; � � �, � _�� , . .��'• .'- . - • •�- -,, [' •.� � • ,; � , -• � , _ ' . -f ' -,• . • � �• , -• - - • ''- - - - - . - - '' •�- .,' • � WHEREAS, the purpase of the AESA Plan, attached as ��a�� , is ta mitigate encraachment by Creekdale Drive, a Collector Street required by the City of Denton Mobility Plan, into portions of the Undevelaped Floodplain ESA, Riparian Buffer ESA, and Water-Related Habitat ESA's on the Property as canceptually illustrated in I��i1�� , in exchange for the planting of a total of twenty-five three-inch trees adjacent to the areas of ESA encroachment; and WHEREAS, on October 26, 2016, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (6-0) of the AESA Plan; and WHEREAS, on November 8, 2016, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and pracedural standards set forth in Section 35.3.4 of the Denton Development Cade, and is consistent with the Denton Plan and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Dentan, in considering the application for an Alternative Environmentally Sensitive Area Plan for the Property, have determined that the proposed plan is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinian and finds that said adoption of the AESA plan is in the public interest and should be granted as set forth herein; NOW THEREFORE, • • • � • ' : •"�� • � + . • � � . -� - • • r - • � � . - � �� , -� � - - , � � � * �- SECTION 2. The Alternative Environmentally Sensitive Area (AESA) Plan attached as T��Si�� ' is hereby approved, subject to the following conditians: 1. The total disturbed area shall not exceed 0.45 acres and areas to be disturbed shall be consistent with the AESA Plan. 2. Twenty-five trees, of three inches diameter at planting, must be planted to mitigate for the removal of the ESAs as described herein. 3. Location for the tree planting should be consistent with the AESA Plan. All disturbed areas shall be re-vegetated using native plants. 4. The twenty-five trees planted as mitigation shall be irrigated for a period of no less than three years. SECTION 3. The City's official ESA map is hereby amended to show the change in the ESA designation and 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 the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c} of the Denton Charter, 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. •, �, �;,...� � ,, • . :�l:l.� f.`��i��.il'�'�'(�7 BY: � � ,.�� ♦ � �' � • .. : ! � �... • . ♦ . , �. .`.. ♦ �� ♦ �. ��. � � • �� .� '7 ''il�` �—� • � ��,� � B�, m� � — �... �,r fa° �,_ � EXHIBIT A LEGAL DESCRIPTION BEING a tract of land situated in the James W. Withers Survey, Abstract No. 1343, City of Denton, Denton Courrty, Texas, and being a portion of a called 58.7 acre tract described in the deed to H.M. Pitner and wife, Marjorie Pitner, recorded in Volume 356, Page 497, �ff'icial Records of Denton County, Texas, and a portion of a called 20.406 acre tract of land described in the deed to Kelsoe & Riley, LLC, recorded in instrument No. 2006-102638, said Ofi'icial Records, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the easterly line of said 58.7 acre tract and on the westerly line of a called 52.486 acre tract of land described in the deed to Phoebe Ryan Higginbotham, recorded in Volume 2522, Page 898, said Official Records, and on the recognized easterly line of said Withers Survey, from which a one inch iron pipe found at the northeast corner of said 58.7 acre tract, common to the sotrtheast corner of Lot 1-R in Block A of Wayne Ryan Elementary School Addition, an addition to the City of Denton according to the re-plat thereof recorded in Instrument No. 2012-194, Plat Records of Denton County, Texas, bears North 00°45'39" West a distance of 279.93 feet; THENCE South 0°45'39" East, along the easterly lines of said 58.7 acre tract and said 20.406 acre tract, and along the westerly line of said 52.486 acre tract, a distance of 1310.92 feet to a 5/8 inch iron rod with plastic cap stamped "W IMBERLY" found for corner at the southeast corner of said 20.406 acre tract, common to the northeast corner of a called 10 acre tract of land described in the deed to Calvert Paving Corp., recorded in Volume 1719, Page 924, said Official Records; THENCE South 88°55'OS" West, along the southerly line of said 20.406 acre tract and along the northerly lines of said 10 acre tract and a called 5.632 acre tract of land described in the deed to E.D. Calvert, recorded in Instrument No. 2006-102657, said Official Records, a distance of 1254.33 feet to a 1/2 inch iron rod with plastic cap stamped "RPLS 4561" found for corner at the southwest corner of said 20.406 acre tract, common to the northwest corner of said 5.632 acre tract, and on the northeasterly right-of-way line of the Gulf Coast & Santa Fe Railroad; THENCE North 35°20'44" West, along the westerly line of said 20.406 acre tract and along the northeasterly right-of-way line of the Gulf Coast & Santa Fe Railroad a distance of 733.75 feet to a 1/2 inch iron rod with plastic cap stamped "ARTHUR SURV" found for corner at the northwest corner of said 20.406 acre tract, common to the southwest corner of said 58.7 acre tract; THENCE departing the northeasterly right-of-way line of the Gulf Coast & Santa Fe Railroad and the northerly line of said 20.406 acre tract and crossing said 57.8 acre tract and said 20.406 acre tract the following twelve (25) courses: North 3°ST55" East, a distance of 154.42 feet to a S/8 inch iron rod with plastic cap stamped "KHA" set for corner; 2. North 88°24' 18" East, a distance of 815.94 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 3. North 33° 18'20" East, a distance of 108.87 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for comer; 4. North 46°00'S9" East, a distance of 65.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a non-tangent curve to the left having a central angle of 07°57'34", a radius of 432.50 feet and chord bearing and distance of North 47°57'48" West, 60.03 feet; 5. In a northwesterly direction, with said curve to the left, an axc distance of 60.08 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the end of said curve; 6. North 51°56'34" West, a distance of 100.Q0 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a curve to the right having a central angle of 50°20'S2", a radius of 367.50 feet and a chord bearing and distance of North 26°46'08" West, a distance of 312.64 feet; 7. In a northwesterly direction, with said curve to the right, an arc distance of 322.94 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 8. North 1°35'42" West, a distance of 14.47 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 9. North 88°24' 18" East, a distance of 291.15 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 10. North 1°35'42" West, a distance of 115.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 11. North 88°24' 18" East, a distance of 144.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 12. South O1°35'42" East, a distance of 115.00 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; 13. North 88°24'18" East, a distance of 558.10 feet to the PLACE OF BEGINNING, and enclosing 37.746 acres (1,644,225 square feet) of land, more or less. EXHIBIT D