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2004-124AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 2.09 ACRES AND IS GENERALLY LOCATED BETWEEN FORT WORTH DRIVE AND COUNTRY CLUB ROAD, NORTH OF BENT CREEK ESTATES SUBDIVISION: PROVIDING A SAVINGS AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA04-0001) WHEREAS, Isbell Engineering, on behalf of Steve Ehrlich, applied for a comprehensive plan amendment to the land use plan of the land element of the Denton Plan for 1.27 acres of land from Employment Centers to Neighborhood Centers and 0.82 acres of land from Neighborhood Centers to Employment Centers, which is more particularly described in Exhibit "A" and "B" attached hereto and made a part hereof by reference (the "Land Use Plan Amendment"); and WHEREAS, on December 7, 1999, the City of Demon adopted the Denton Plan, 1999- 2020; and WHEREAS, on March 24, 2004, the Planning and Zoning Commission held a public hearing and recommended approval of the Land Use Plan Amendment; and WHEREAS, the City Council, after a public hearing, finds that the recommended Land Use Plan Amendment is in the best interests of the 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 City Council hereby approves the Land Use Plan Amendment to the Denton Plan, 1999-2020. SECTION 3. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective, which are inconsistent or in conflict with the terms or provisions contained in this ordinance, are hereby repealed to the extent of any such conflict only. The non- conflicting sections, sentences, paragraphs, and phrases shall remain in full force and effect. SECTION 4. The City staff is directed to change the land use plan map to the Denton Plan in conformity with the Land Use Plan Amendment. Until such map change is made a copy of this ordinance shall be attached to the Denton Plan, 1999-2020 showing the Land Use Plan Amendment. Page 1 SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~ff~day of ~ EULINE BROCK, MAYOR ,2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 2 EXHIBIT "A" The Comprehensive Plan Amendment encompasses approximately 2.09 acres. 1.27 (0.05 + 1.22) acres will be mended from Employment Centers to Neighborhood Centers and 0.82 acres will be amended from Neighborhood Centers to Employment Centers land use. LOCATION MAP Amendment Site ,,~ ~~/.z// Buildings H ~reet centerhnes ~i~ Parcels Fa /// ~/I ~%. Z~ ~/ Page 3 Metes and Bounds EXHIBIT "B" 0.05 ACRES (^) FIELD NOTES to all that certain tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land Acquistion, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas the subject tract being more particularly described as follows; COMMENCING at the most Northerly Northeast comer of said 8.39 acre tract; THENCE South 00 degrees 59 minutes 06 seconds East a distance of 193.05 feet to the PLACE OF BEGINNING; THENCE South 00 degrees 59 minutes 06 seconds East a distance of 68.50 feet to a comer; THENCE West a distance of 68.82 feet to a comer; THENCE North 44 degrees 38 minutes 32 seconds East a distance of 96.26 feet to the PLACE OF BEGINNING and enclosing 0.05 of an acre of land more or less; 1.22 ACRES (c) FIELD NOTES to all that certain tract of land situated in the B.B.B. and C. Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 3.25 acre tract described in the deed to Central Builders Inc., recorded in Volume 4280 Page 1535 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows; BEGINNING for the Northeast comer of the tract being described herein at a fence comer post for the occupied Northeast comer of said 3.25 acre tract; THENCE South 00 degrees 44 minutes 06 seconds West w/th the East line thereof along a fence a distance of 206.96 feet to a fence comer post for the occupied Southeast comer of said 3.25 acre tract; THENCE South 89 degrees 41 minutes 59 seconds West with the North line thereof along a fence a distance of 255.27 feet to the Southwest comer of the herein described tract; THENCE North 00 degrees 07 minutes 14 seconds West with a line severing said tract a distance of 207.01 feet to a comer in the North line of said tract; THENCE North 89 degrees 42 minutes 58 seconds East with said North line a distance of 258.36 feet to the PLACE OF BEGINNING and enclosing 1.22 acres of land more or less Page 4 0.82 ACRES (B) FIELD NOTES to ail that certain tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 4.835 acre tract described in the deed from V.R. Clearman et.ux, to Walter E. Parker et.rix, recorded in Volume 1081 Page 408 of the Deed Records of Demon County, Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land Acquistion, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas subject tract being more particularly described as follows; BEGINNING at a wood fence comer post for the Northwest Comer of the herein described tract at the occupied most Westerly Northwest comer of said Parker tract and the most Northerly Northeast comer of said 8.39 acre tract; THENCE North 89 degrees 41 minutes 59 seconds East contintfmg with said North line a distance of 368.15 feet to a comer; THENCE South 00 degrees 07 minutes 14 seconds East severing said Parker tract a distance of 80.47 feet to a comer; THENCE North 89 degrees 58 minutes 00 seconds West a distance of 251.79 feet to a comer; THENCE South 44 degrees 38 minutes 32 seconds West a distance of 161.10 feet to a comer; THENCE North 00 degrees 59 minutes 06 seconds West a distance of 193.05 feet to the PLACE OF BEGINNING and c~nclosing 0.82 of an acre of land more or less. 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