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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. o 0 N (~J 1~ ~ W i W LL' y~ ` ~~i W ~ W ~O mar' 7~/ /~ O NS~~ ~ yQ ~Pnm 1~ ~ O ou a IMM-i X rim ~ O Wm~a~ .J W H N.p s ~ h~ io~° N a~~Nr ~ Flti Q Z ' iao O ooa°wm m s ~ F w~ u ' ~n j~a d ~ w m K~ 3 = Mx c=nz .21/. •L'1401 M .61.£2,£0 S o ~ y W Z 0 111 w 3 "CJ ~ N Z ~, s3a~v s6 e t i~val c~ Q < o N N~ o mN U ~ m ~ ..X Z woom_Q ,ov,Y= ~ .£'£9S 3 .8I.8I.£0 N u w ~'' v ti ~ '" Z w o 'Vnp: ~ ~ . v to w ],5 8f z [~ z ° ti .: n I = M N N 3 5.90.21 N '~ U - W m • \o 1 1 3 m 4 roN o vii ~ 3 ~ F • O O IA ~O ~ N N o m ~~ _. 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