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2003-324FILE REFERENCE FORM 2003-324 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amended b Ordinance No. 2005-321 10/18/05 )R Amended b Ordinance No. 2011-124 08/02/11 )R H:\-WRLO001 .map ORDINANCE NO. ~?~?~-...~ ¢ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 99-265, AND 2001-247 TO CHANGE THE LOCATION OF GAS PARKS AND THE APPROVAL OF A DETAILED PLAN FOR FIVE GAS PARKS FOR THE PLANNED DEVELOPMENT 173 0PD- 173) ZONING DISTRICT AND LAND USE CLASSIFICATION; SAID PD173 CONTAINS APPROXIMATELY 673.4 ACRES AND IS COMMONLY KNOWN AS ROBSON RANCH; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0020) WHEREAS, on August 3, 1999, by Ordinance 99-265 the City Council approved a change in zoning for 2,725 acres of land to Planned Development 173 (PD-173) zoning district, as more particularly described therein; and WHEREAS, on July 17, 2001, by Ordinance 2001~247 the City Council approved an amendment to the Concept Plan of Planned Development 173 (PD-173) zoning district, as more particularly described therein, and WHEREAS, Devon Energy Operating Company, has applied for an amendment to the concept plan/detail plan for Planned Development 173 (PD- 173) and the approval for a detailed plan containing 673.4 acres of land; and WHEREAS, on August 27, 2003, the Planning and Zoning Commission concluded a public heating as required by law, and recommend approval of the requested amendment to the concept plan and the approval of a detailed plan; and WHEREAS, the City Council finds that the amendment to the concept plan/detail plan is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinances No. 99-265, and No. 2001-247, providing approval for the rezoning of 2,725 acres to Planned development 173 (PD- 173) and the original concept plan, and the amended concept plan for 2,275 acres for said district, are amended by the approval of a new Concept Plan/Detail Plan attached hereto as Exhibit "B" and incorporated herein by reference, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference. SECTION 2. The provisions of this ordinance as they apply to the amendments herein approved, shall govern and control over any conflicting provisions of Ordinances No. 99-265, and No. 2001-247, but all the provisions of Ordinances No. 99-265, and No. 2001-247 as they apply to the regulations of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION 3. A copy of this ordinance shall be attached to Ordinances No. 99-265, and No. 2001-247 showing the amendment herein approved. 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. 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. That this ordinance shall become effective fourteen (14) days l~om 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 APeROVED this the /~_ dayof ~ff~' ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT A BILTMORE Being a 673.36 acre tract of land which is a portion of that certain 2426.81 acres described in a Special Warranty Deed, dated dune 29, 1999 from Highland Presbyterian Church to Robson Denton Development, L.P. recorded in Volume 4373, Page 225, Real Property Records, Denton County, Texas, and that certain 320.35 acres described in a Special Warranty Deed, dated duly 1, 1999, from Amy Cole Griffin, dack Donald Cole and Susan Banner Mead, Trustees of the M.T. Cole Trust No. 2, to Robson Denton Development, L.P., recorded in Volume 4373, Page 284, Real Property Records, Denton County, Texas being more particularly described as follows: Beginning at the northeast corner of the above referenced 320.35 acre tract being on the north line of the F. Oliver Survey, A-989; Thence West along said survey line South 89 degrees 54 minutes West 2057.91 feet to the northwest corner of the 320.35 acre tract; THENCE South 89 degrees 47 minutes West 3650.25 feet to a point in the north line of the J. McGowan Survey A-798 and the south line of the C. Manchaca Survey, A-789; THENCE South O0 degrees 21 minutes East 3434.29 feet along a west line of said 2426.81 acres to a point; THENCE continuing along said west line South O0 degrees 20 minutes East 1708.41 feet to a point; THENCE East 5677 feet to e point in the east line of the said 320.35 acre tract; THENCE North along said east line 5160 feet to the Point of Beginning. This description was copied from a Memorandum of a Oil and Gas Lease recorded in Volume 5011, Page 2760 Offical Public Records, Denton County, Texas · I, l