2007-204s:\our documents\ordinances\07\z07-0017.doc
ORDINANCE NO. DD / "oGD
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING AN INITIAL
ZONING CLASSIFICATION AND USE DESIGNATION OF EMPLOYMENT CENTER
COMMERCIAL (EC-C), FOR THREE TRACTS OF LAND, COMPRISING
APPROXIMATELY 9.02 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE
C[TY OF DENTON, GENERALLY LOCATED ON THE NORTH SIDE OF SPENCER ROAD
BETWEEN WOODROW LANE AND BRINKER ROAD, AND LEGALLY DESCRIBED AS
BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN THE MARY AUSTIN
SURVEY ABSTRACT NUMBER 4, DENTON COUNTY, TEXAS, AND BEING A PART OF
THE CALLED 26.474 ACRE TRACT DESCRIBED IN THE CITY OF DENTON
ORDINANCE NO. 81-83, ENACTED ON JULY 21, 1981, PERTAINING TO THE
ALTERATION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF DENTON, TEXAS
BY THE DISANNEXATION OF CERTAIN UNINHABITED TERRITORY OWNED BY THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR SEVERABILTTY AND AN EFFECTIVE DATE. (Z07-0017)
WHEREAS, Denton Municipal Electric has applied for an initial zoning district
classification and use designation of Employment Center Commercial (EC-C) for approximately
9.02 acres of land legally described in Exhibit A, attached hereto and incorporated herein by
reference (the "Property"); and
WHEREAS, on June 27, 2007, the Planning and Zoning Commission concluded a
properly noticed public hearing as required by law, and recommended approval of the requested
zoning; and
WHEREAS, the City Council finds that the requested zoning is consistent with the
Denton Plan and the Development Code; and
WHEREAS, the subject property was annexed into the City on September 11, 2007;
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 and found to be true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby established as Employment Center Commercial. Notwithstanding the attached real
property description, the property being rezoned includes all property to the centerline of all
adjacent street right-or-way.
SECTION 3. The City's official zoning map is amended to show the approved zoning
district classification and use designation.
s:\our documents\ordinnnces\07\z07-0017.doc
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 -:-
remaining 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.
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 1~/~ day of , 2007.
~t~'~v'
PE R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Bv: Q
APP VED S TO LEGAL FORM:
Exhibit A
Coleman & Assoc. Land Surveying
P.o. J3ox sas
Dculon. "l~oxas 76202
Phonc (9R10)5ti;;i-R`215 Pax (9d~0):i(i5')800
Tract 1
3.95 Acres
All of that certain tract of land situated in the Mary Austin Survey Abstract Number 4
Denton County, Texas and being a part of the called 26.474 acre tract described in the
City of Denton Ordinance No. 81-83 enacted on July 21, 1981 pertaining to the alteration
of certain boundary limits of the City of Denton, Texas by the disannexation of certain
uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton,
Denton County, Texas; the subject tract being more particularly described based on
bearings tied to Texas Statc Plane Coordinate System North Central Zone 4202 as
follows:
BEGINNING for the Southeast corner ofthe tract being described herein at a %z inch iron
rod found at the Southeast corner of the said 26.474 acre tract on the North right-of--way
of Spencer Road as shown on the Plat of the Municipal Utility Addition recorded in
Cabinet G, Page 346 of the Plat Records of Denton County, Texas;
THENCE North 86 Degrees l3 Minutes 45 Seconds West with the Denton Corporate
Limits as defined by the South line of the 26.474 acre tract a distance of 129.8 feet to the
Southeast corner of the 17.751 acre tract described in the City of Denton Ordinance No.
2000-133 enacted on April 4, 2000 pertaining to the voluntary annexation of 17.751 acres
of land contiguous and adjacent to the City of Denton, Denton County, Texas.
THENCE Northerly with the Denton Corporate Limits as defined by the East line of the
17.751 acre tract the following 8 calls:
1. North 12 Degrees 06 Minutes 55 Seconds East a distance of 180.5 feet;
2. North 89 Degrees 58 Minutes 59 Seconds West a distance of 294.3 feet;
3. North 00 Degrees 06 Minutes 33 Seconds West a distance of 151.4 feet;
4. North 88 Degrees 53 Minutes 56 Seconds East a distance of 68.3 feet;
5. North 00 Degrees 04 Minutes 22 Seconds East a distance of 1 14.1 feet;
6. South 89 Degrees 39 Minutes 31 Seconds East a distance of 258.1 feet;
7. North 03 Degrees 18 Minutes 18 Seconds East a distance of 563.3 feet;
8. North 41 Degrees 47 Minutes 49 Seconds West a distance of 35.4 feet, more or less, to
the North line ofthe 26.474 acre tract;
THENCE North 89 Degrees 48 Minutes 25 Seconds East with the Denton Corporate
Limits as detned by the North line of the said 26.474 acre tract a distance of 1 12.4 feet,
more or less, to the Northeast corner thereof;
THENCE South 03 Degrees 23 Minutes 19 Seconds West with the Denton Corporate
Limits as defined by the East line of the 26.474 acre tract a distance of 1041.7 feet to the
PLACE OF BEGINNING and enclosing 3.95 acre of land.
Coleman & Assoc. Land Surveying;
P.o. B~~. sss
Dcutou, Texas 7(1201
Phouc. (960) ~(i.5-8Z I ~ Fas (9~40)5(>.'iO800
Tract 2
0.173 Acres
All of that certain tract of land situated in the Mary Austin Survey Abstract Number 4
Denton County, Texas and being a part of the called 26.474 acre tract described in the
City of Denton Ordinance No. 81-83 enacted on July 21, 1981 pertaining to the alteration
of certain boundary limits of the City of Denton, Texas by the disannexation of certain
uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton,
Denton County, Texas; the subject tract being more particularly described based on
bearings tied to Texas State Plane Coordinate System North Central Zone 4202 as
follows:
BEGINNING for the Southeast corner of the tract being described herein at a %z inch iron
rod found on the North right-of-way of Spencer Road as shown on the Plat of the
Municipal Utility Addition recorded in Cabinet G, Page 346 of the Plat Records of
Denton County, Texas on the South line of the 26.474 acre tract from which the
Southeast corner of both tracts bears South 86 Degrees I 1 Minutes 50 Seconds East a
distance of 430 feet;
THENCE North 86 Degrees l l Minutes SQ Seconds West with the Denton Corporate
Limits as defined by the South line of the 26.474 acre tract a distance of 206.1 feet to an
angle point therein;
THENCE North 47 Degrees 27 Minutes 58 Seconds West continuing with the Denton
Corporate Limits as defined by the South line of the 26.474 acre tract a distance of 465.6
feet, more or less, to the Denton Corporate Limits as defined by the South line of the
17.751 acre tract described in the City of Denton Ordinance No. 2000-133 pertaining to
the voluntary annexation of 17.751 acres of land contiguous and adjacent to the City of
Denton; from which a '/z inch iron rod found at the Southeast corner thereof bears
Northwesterly a distance of 35.7 feet.
THENCE South 50 Degrees 15 Minutes 52 Seconds East with the Denton Corporate
Limits as defined by South line ofthe17J51 acre tract and the North right-of--way of
Spencer Road as shown by the plat of Municipal Utility Addition a distance of (392.9)
feet to the beginning of a curve to the left having a radius of 520 feet;
THENCE Southeasterly continuing with the said Denton Corporate Limits and the North
right-of--way of Spencer Road along the said curve an arc distance of 292.8 feet, (Chord
Bearing South 70 Degrees 08 Minutes 29 Seconds East a distance of 288.9 feet), to the
PLACE OF BEGINNING and enclosing 0.173 of an acre of land.
Coleman & Assoc. Land Surveying
r.o. fl~~X sa6
Demon, "fczas 7ti202
Phouc (9~t0)5(i.5-8`215 I~:u (9~10)5(i.5-9800
Tract 3
4.897 Acres
All of that certain tract of land situated in the Mary Austin Survey Abstract Number 4
Denton County, Texas and being a part of the called 26.474 acre tract described in the
City of Denton Ordinance No. 81-83 enacted on July 21, 1981 pertaining to the alteration
of certain boundary limits of the City of Denton, Texas by the disannexation of certain
uninhabited territory, consisting of 26.474 acres of land owned by the City of Denton,
Denton County, Texas; the subject tract being more particularly described based on
bearings tied to Texas State Plane Coordinate System North Central Zone 4202 as
follows:
BEGINNING for the most Westerly Southwest corner of the tract being described herein
at the most Westerly Southwest corner of the 26.474 acre tract, called to be on the North
line of Spencer Road at the most Westerly Southwest corner of the called 55 acre tract
described in the deed from Len R. Henderson et ux to the City of Denton recorded in
Volume 398, Page 576 of the Deed Records of Denton County, Texas;
THENCE North 68 Degrees 50 Minutes 10 Seconds East with the Denton Corporate
Limits as defined by the North line of the 26.474 acre tract a distance of 511.8 feet to an
angle point therein;
THENCE North 89 Degrees 48 Minutes 10 Seconds East continuing with the Denton
Corporate Limits as defined by the North line of the 26.474 acre tract a distance of 208.7
feet, more or less, to the Denton Corporate Limits as defined by the West line of the
17.751 acre tract described in the Annexation ordinance of the City of Denton, Texas
Ordinance No. 2000-133 pertaining to the voluntary annexation of 17.751 acres of land
contiguous and adjacent to the City of Denton; from which a % inch iron rod found at the
Northwest corner thereof bears Northeasterly a distance of 29.6 feet.
THENCE Southerly with the Denton Corporate Limits as defined by the West line of the
17.175 acre tract the following 5 calls:
1. South 40 Degrees 55 Minutes 47 Seconds West a distance of 131.8 feet;
2. South 00 Degrees 33 Minutes 12 Seconds West a distance of 206.8 feet;
3. North 89 Degrees 30 Minutes 38 Seconds West a distance of 49.2 feet;
4. South 00 Degrees 23 Minutes 54 Seconds East a distance of 269.3 feet;
5. South 23 Degrees 34 Minutes 48 Seconds East a distance of 89.7 feet, more or less, to
the Denton Corporate Limits as defined by the South line of the 26.474 acre tract from
which a %z inch iron rod found at the Southwest corner of the 17.75 I acre tract bears
South 23 Degrees 34 Minutes 48 Seconds West a distance of 1.7 feet;
THENCE North 47 Degrees 27 Minutes 58 Seconds West with the Denton Corporate
Limits as detned by the South line of the 26.474 acre tract a distance of 698.1 feet to the
PLACE OF BEGINNING and enclosing 4.897 acres of land.
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