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2004-141S:\Our Documents\Ordinanees\04~Z04-001 I.doc ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF LAND, COMPRISING APPROXIMATELY 35.43 ACRES LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, IN THE CITY OF DENTON TO THE NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU); THE PROPERTY BEING GENERALLY LOCATED NORTH OF POCKRUS PAGE, WEST OF SWISHER ROAD, AND SOUTH OF EDWARDS ROAD, IN THE CITY OF DENTON; PROVIDING FOR A PENALTY CLAUSE IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE (Z04-0011). WHEREAS, Harold Holigan/Rita Beck have applied for the original zoning for property being annexed into the City of Denton consisting of an approximate 26.24 acre tract of land ("Tract 1") to be zoned to the Neighborhood Residential 6 (NR-6) zoning classification and an approximate 9.19 acre tract of land ("Tract 2") to be zoned to the Neighborhood Residential Mixed Use (NRMU) zoning classification, which tracts are more particularly described in Exhibit "A" attached hereto and made a part hereof by reference; and WHEREAS, on March 10, 2004, the Planning and Zoning Commission recommended approval of the requested zoning; and WHEREAS, the City Cotmcil fmds that the zoning is consistent with the Comprehensive Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations conta'med in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Tract 1 is hereby zoned to the Neighborhood Residential 6 (NR-6) and Tract 2 is hereby zoned to the Neighborhood Residential Mixed Use (NRMU) zoning district classifications and use designations under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. 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 5. 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. 1 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 on this the /v/~ day of ~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBE~ORNEY By: EXHIBIT "A" BEING TWO TRACTS OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS AND BEING ALL OF A CALLED 8.834 ACRE TRACT OF LAND CONVEYED TO KLHB DEVELOPMENT OF DENTON, LLC, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4889, PAGE 1799, THE REMAINING PORTION OF A CALLED TRACT ONE, CONVEYED TO JOY POWELL AS EVIDENCED IN A DEED RECORDED IN VOLUME 1695, PAGE 0921, A PORTION OF A CALLED 4.75 ACRE TRACT CONVEYED TO POCKRUS PAGE RD., LTD., AS EVIDENCED IN A DEED RECORDED IN VOLUME 5328, PAGE 5082, A PORTION OF A CALLED 16.0 ACRE TRACT OF LAND CONVEYED TO RICHARD A. BARIA, AS EVIDENCED IN VOLUME 1329, PAGE 202, A PORTION OF A TRACT OF LAND CONVEYED TO SAID RICHARD ARLEN BARIA, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 471, PAGE 235, THE REMAINING PORTION OF A CALLED 10.395 ACRE TRACT OF LAND CONVEYED TO w. e. BUCKALEW, AS EVIDENCED IN A DEED RECORDED IN VOLUME 530, PAGE 054, A PORTION OF THE REMAINING PORTION OF A TRACT OF LAND CONVEYED TO ED COWART, AS EVIDENCED IN A DEED RECORDED IN VOLUME 414, PAGE 447, A PORTION OF A CALLED 4.00 ARCE TRACT OF LAND CONVEYED TO CHARD TANNER COWART, ET UX, AS EVIDENCED IN A DEED RECORDED IN VOLUME 4784, PAGE 1256, ALL OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (R.P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: TRACT 1 BEGINNING AT THE NORTHWEST CORNER OF A CALLED 10.00 ACRE TRACT OF LAND, CONVEYED TO ALLEN P. LUBBERS AS EVIDENCED IN A DEED RECORDED IN COUNTY CLEARK'S FILE NO. 96-R0069629 R.P.R.D.C.T., AND THE NORTHWEST CORNER OF THE CURRENT CITY LIMITS LINE OF THE CITY OF DENTON AS DESCRIBED IN CITY ORDINANCE NUMBER 99-262, SAME BEING IN EDWARDS ROAD; , THENCE SOUTH 02 DEGREES 16 MINUTES 53 SECONDS WEST, ALONG THE WEST LINE OF SAID 10.00 ACRE TRACT AND THE WEST CITY LIMITS LINE AS DESCRIBED IN SAID CITY ORDINANCE NUMBER 99-262, A DISTANCE OF 1336.22 FEET TO A CORNER, SAME BEING ON THE NORTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 84-17; THENCE NORTH 87 DEGREES 56 MINUTES 20 SECONDS WEST, DEPARTING THE WEST LINE OF SAID 10.00 ACRE TRACT AND ALONG SAID NORTH CITY LIMIT LINE, A DISTANCE OF 1193.51 FEET TO A CORNER, SAME BEING ON THE WEST LINE OF AFORESAID 16.0 ACRE TRACT; THENCE NORTH 02 DEGREES 37 MINUTES 25 SECONDS EAST, CONTINUING ALONG THE SAID WEST LINE, A DISTANCE OF 788.12 FEET TO A CORNER; THENCE SOUTH 86 DEGREES 34 MINUTES 49 SECONDS EAST, DEPARTING THE WEST LINE OF SAID 16.0 ACRE TRACT, A DISTANCE OF 511.14 FEET TO A CORNER; THENCE SOUTH 87 DEGREES, 47 MINUTES 33 SECONDS EAST, A DISTANCE OF 302.42 FEET TO A CORNER ON THE WEST LINE OF SAID TED COWART TRACT; ~HENCE NORTH 02 DEGREES 11 MINUTES 11 SECONDS EAST, ALONG THE WEST LINE OF SAID COWART TRACT, A DISTANCE OF 569.08 FEET TO A CORNER, SAME BEING ON THE SOUTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 86-15; THENCE SOUTH 86 DEGREES 59 MINUTES 34 SECONDS EAST, ALONG SAID CITY LIMITS LINE, A DISTANCE OF 378.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 26.24 ACRES OF LAND. TRACT 2 BEGINNING AT THE NORTHEAST CORNER OF AFORESAID 8.834 ACRE, AS CONVEYED TO SAID KLHB DEVELOPMENT OF DENTON, LLC; THENCE SOUTH 02 DEGREES 02 MINUTES 31 SECONDS WEST, ALONG THE EAST LINE OF SAID 8.834 ACRE TRACT, THE EAST LINE OF THE JOY POWELL REMAINDER, A DISTANCE OF 724.32 FEET TO A CORNER; THENCE NORTH 87 DEGREES 02 MINUTES 50 SECONDS WEST, A DISTANCE OF 73.11 FEET TO A CORNER; THENCE SOUTH 02 DEGREES 00 MINTUES 40 SECONDS WEST, A DISTANCE OF 596.16 FEET TO A CORNER; THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 208.69 FEET TO A CORNER, SAME BEING ON THE EAST CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE NUMBER 84-17; THENCE NORTH 02 DEGREES 21 MINUTES 34 SECONDS WEST, ALONG THE SAID EAST CITY LIMITS LINE, A DISTANCE OF 165.27 FEET TO A CORNER; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST, CONTINUING ALONG SAID EAST CITY LIMITS LINE, A DISTANCE OF 315.27 FEET TO A CORNER; THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, CONTINUING ALNG SAID EAST CITY LIMITS LINE, A DISTANCE OF 497.34 FEET TO A CORNER; THENCE NORTH 10 DEGREES 22 MINUTES 22 SECONDS WEST, CONTINUING ALONG SAID EAST CITY LIMITS LINE, A DISTANCE OF 354.20 FEET TO THE NORTHWEST CORNER OF SAID 8.834 ACRE TRACT, SAME BEING ON THE NORTH CITY LIMITS LINE AS DESCRIBED IN SAID CITY ORDINANCE NUMBER 84-17; THENCE SOUTH 88 DEGREES 12 MINUTES 56 SECONDS EAST, ALONG THE NORTH LINE OF SAID 8.834 ACRE TRACT, A DISTANCE OF 437.59 FEET TO THE POINT OF BEGINNING AND CONTAINING 9.19 ACRES OF LAND. 4 LOCATION MAP