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2006-123 S:\Our Documcnts\Ordinances\OG\CA06-0001.doc ORDINANCE NO. 2006 - /23 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE LAND USE ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS FORAPPROXIMA TEL Y 5.74 ACRES OF LAND LOCATED ON THE NORTH SIDE OF SCRIPTURE ROAD BEGINNING AT A POINT 300 FEET EAST OF THE INTERSECTION OF SCRIPTURE ROAD AND INTERSTATE 35, AND BEING A PORTION OF THE RRB & eR.R. COMPANY SURVEY, ABSTRACT NO. 192, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA06-0001) WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999- 2020, the Comprehensive Plan of the City of Denton, Texas; and WHEREAS, Spring Brook Planning Group has applied for an amendment to the Land Use Element of the Denton Plan for approximately 5.74 acres ofland from "Neighborhood Centers" land use designation to a "Regional Mixed Use Centers" land use designation; and WHEREAS, on April 12, 2006, the Planning and Zoning Commission recommended approval of the Land Use Plan Amendment; and WHEREAS, the City Council finds that the Land Use Plan Amendment is in the best interests ofthe health, safety and general welfare of the citizens of the City of Denton, Texas; 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. SECTION 2. The Land Use Element of the Denton Plan is hereby amended for approximately 5.74 acres of land more particularly described in Exhibit "A", attached hereto and incorporated herein by reference and as depicted on Exhibit "B", attached hereto and incorporated herein by reference. SECTION 3. The City's official Denton Plan 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. This ordinance shall become effective immediately from and upon its passage and approval. Ad ~ PASSED AND APPROVED this the .2 - day of t1f;, , 2006. . C~ ~oL EULlNE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~-;\~~\~ Hjl'~ APPROVED AS TO LEGAL FORM: EDWIN M SNYDER;"'CTTY A7 ~/ ~~. //'- .' ~ PAGE 2 EXHIBIT A LEGAL DESCRIPTION Situated in the City of Denton, Denton County, Texas, and being a tract of land in the B.B.B. & c. R.R. COMPANY SURVEY, Abstract No. 192, and embracing Tracts One, Two, and Three of Section Nine of that certain deed to Rayzor Investments, Inc., recorded in Volume 1796, Page 601, of the Denton County Deed Records, and also embracing all of Lot 3, Pearcy/Christon Addition No.1, as shown on plat thereof recorded in Cabinet B, Slide 34, of the Denton County Plat Records, and all being more fully described as follows: BEGINNING at the most southerly southwest corner of said Tract One, said point being the southeast corner of a "corner clip" in the northeast quadrant of the intersection of the easterly line of Interstate Highway 35 with the north line of Scripture Street (60 foot wide right-of-way per adjacent lots), and from which point a fence corner post bears North 16 degrees, 05 minutes West, 3.3 feet, and a "Gerry Curtis RPLS 1640" capped 5/8" iron rod set for reference at the point of intersection of said easterly line and north lines extended bears South 88 degrees, 35 minutes East, 300 feet, To the PLACE OF BEGINNING. THENCE North 01 degree, 25 minutes East, SOO feet THENCE South 88 degrees, 35 minutes East, 500 feet THENCE South 1 degree, 25 minutes West, 500 feet THENCE North 88 degrees. 35 minutes West, 500 feet, to the PLACE OF BEGINNING, and containing 5.7392 acres. PAGE 3 . .. EXHIBIT B UNIVERSITY .JIM C --------~~- ,\ \\ \ , PAGE 4