2002-366NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZON1NG APPROXIMATELY 22.55
ACRES OF LAND IN THE CITY OF DENTON FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-
3) TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT; SAID REAL PROPERTY
BEING GENERALLY LOCATED ALONG THE WEST OF BELLAIRE ON MCKINNEY
AVENUE, EAST OF MACK, WEST OF JOSHUA DRIVE; PROVIDING A PENALTY CLAUSE
WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION OF THIS ORDINANCE;
A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (Z02-0035).
WHEREAS, the owner has initiated a change in zoning for approximately 22.55 acres of land
as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the
"Property") from a Neighborhood Residential 3 (NR-3) to Neighborhood Residential 4 (NR-4) zoning
district classification and use designation; and
WHEREAS, on September 25, 2002, the Planning and Zoning Commission recommended
approval of the requested zoning; and
WHEREAS, the City Council finds that the zoning is consistent with the Comprehensive Plan,
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Property is hereby changed from Neighborhood Residential 3 (NR-3) zoning
district classification and use designation to Neighborhood Residential 4 0XlR-4) zoning district under
the comprehensive zoning ordinance of the City of Denton, Texas.
SECTION 2. The City's official zoning map is amended to show the change in zoning district
classifications.
SECTION 3. 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 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance,
or application there of to any person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and
City Council of the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
SECTION 5. This ordinance shall become effective fourteen (14) days fi'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.
E~INE BROC~M~A~ ' ~/.-
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY - -''-~-IV '
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Exhibit "A"
22.55 ACRES
FIELD NOTES to all that certain tract of land situated in the M. YOACHUM SURVEY, Abstract No.
1442, in the City of Denton, Denton County, Texas and being all of a called 11.403 acre tract of land
described in the Deed from Raymond O. Bennett, et ux to Wade B. Owen, et ux as recorded in Volume
768, Page 490 of the Deed Records of Denton County, Texas, all of the tract described in the Deed
from International Properties, Inc. to The House of Mosig as recorded in Volume 4130, Page 541 of
the Real Property Records of said Denton County, Texas, all of the remaining portion of a tract of land
described in the Deed from Glenda Lavem Owen Maxwell to Wade B. Owen as recorded in Volume
3053, Page 155 of said Real Property Records, all ora called 0.31 acre tract of land described in the
Deed from Rosemary Walker, et al to Michael R. Mower as recorded in Volume 4472, Page 1897 of
said Real Property Records, a part of a called 3.189 acre tract of land described in the Deed fxom
William Troy Walker, et al to Nejat Destani as recorded in Volume 4768, Page 1768 of said Real
Property Records of Denton County, Texas and a part of Lot 1, Block 1 of the Mason Addition an
addition in the City of Denton, Denton County, Texas according to the Plat thereof recorded in Cabinet
E, Page 59 of the Plat Records of said Denton County, Texas;
BEGINNING at a stone found at a fence comer post at the Northeast comer of the M.E.P.&P. R.R.
COMPANY SURVEY, Abstract No 1475 and being the Southerly most Southeast comer of the
M.E.P.&P. R.R. COMPANY SURVEY, Abstract No 1473; said stone being the Northeast comer of a
tract of land described in the Deed from Bobby Gene Smith, et ux, to William E. Fullbright, Jr. as
recorded in Volume 4260, Page 1207 of said Real Property Records of Denton County, Texas and
being a salient comer of a called 26.672 acre tract of land described in the Deed from First State Bank
of Texas to Harlan Properties, Inc. as recorded in Volume 4411, Page 1603 of said Real Property
Records of Denton County, Texas;
THENCE North 01 degree 32 minutes 53 seconds East with the East line thereof and the West line of
said 11.403 acre Owen Tract a distance of 94.67 feet to a ½" iron rod found for the Northwest comer
of said 11.403 acre Owen Tract and of said M. YOACHUM SURVEY, same being a re-entrant comer
of said 26.672 acre Harlan Properties Tract;
THENCE North 88 degrees 40 minutes 29 seconds East with the South line thereof and the North line
of said M. YOACHUM SURVEY and said 11.403 acre Owen Tract a distance of 178.21 feet to a 60D
nail found in a fence comer post at the Easterly most Southeast comer of said 26.672 acre Harlan
Properties Tract, same being the Southwest comer of a called 6.96 acre tract of land described in the
Deed from Grace Temple Baptist Church to John E. Janson and Patricia C. Janson as recorded under
County Clerk's File Number 96-R0042973 of said Real Property Records of Denton County, Texas;
THENCE North 88 degrees 46 minutes 52 seconds East with the South line thereof and the North line
of said M. YOACHUM SURVEY and said 11.403 acre Owen Tract a distance of 127.52 feet to a 3/8"
iron rod found for the Northeast comer thereof, same being the Northwest comer of Bellaire Heights,
Phase Two, an addition in the City of Denton, Denton County, Texas according to the Plat thereof
recorded in Cabinet C, Page 389 of said Plat Records of Denton County, Texas;
Page 3 of 5
THENCE South 00 degrees 00 minutes 07 seconds West with the West line thereof and the East line of
said 11.403 acre Owen tract a distance of 561.79 feet to a ½" iron rod found for the Southwest comer
of Phase One, Bellaire Heights, an addition in the City of Denton according to the Plat thereof
recorded in Cabinet C, Page 211 of said Plat Records of Denton County, Texas, same being the
Northerly most Northwest comer of said House of Mosig Tract;
THENCE North 89 degrees 44 minutes 11 seconds East with the North line thereof and the South line
of said Phase One Bellaire Heights a distance of 262.80 feet to a ½" iron rod found for the Northerly
most Northeast comer of said House of Mosig Tract, same being the Northwest comer of Bentwood,
Phase I, an addition in the City of Denton, Denton County Texas according to the Plat thereof recorded
in Cabinet D, Page 33 of said Plat Records of Denton County, Texas;
THENCE South 00 degrees 28 minutes 03 seconds West with the West line thereof and the East line of
said House of Mosig Tract a distance of 1005.24 feet to a ½" iron rod found for re-entrant comer
thereof at the Westerly most Southwest comer of said Bentwood, Phase I;
THENCE South 89 degrees 29 minutes 23 seconds East with the South line thereof a distance of
105.36 feet to a ½" iron rod found in the West right-of-way line of Joshua a 50 foot right-of-way;
THENCE South 00 degrees 28 minutes 26 seconds West with said right-of-way a distance of 117.94
feet to the Southwest comer of the intersection of Joshua and Montclair Place;
THENCE South 88 degrees 37 minutes 31 seconds East with the South right-of-way line of said
Montclair Place a distance of 105.36 feet to an angle point;
THENCE South 87 degrees 58 minutes 47 seconds East again with said South right-of-way line of
Montclair Place a distance of 50.07 feet to a ½" iron rod found for the Easterly most Northeast comer
of said House of Mosig Tract, same being the Northwest comer of Block A, Eastr~dge Addition, an
addition in the City of Denton, Denton County, Texas according to the Plat thereof recorded in Cabinet
5, Page 7 of the Plat Records of Denton County, Texas;
THENCE South 00 degrees 24 n/mutes 36 seconds West with the West line thereof a distance of
494.07 feet to a ½" capped iron rod found for the Easterly most Southeast comer of said 3.189 acre
Walker Tract same being the Northeast comer of a tract of land described in the Deed from William T.
Walker to Robert John as recorded under County Clerk's File Number 97-R0054124 of said Real
Property Records of Denton County, Texas;
THENCE North 74 degrees 19 minutes 32 seconds West with the North line thereof and the South line
of said 3.189 acre Walker Tract a distance of 150.10 feet to a ½" capped iron rod found for the salient
comer thereof and the Northwest comer of said John Tract;
THENCE North 00 degrees 21 minutes 50 seconds East a distance of 117.04 feet to a re-entrant comer
of the herein described tract;
THENCE North 89 degrees 15 minutes 37 seconds West a distance of 221.15 feet to a salient comer of
the herein described tract in the East line ora called 2.074 acre tract of land described in the Deed from
Stella Made Courmey Di Muzio, et al to Donald C. Sehmidt as recorded in Volume 2739, Page 541 of
Page 4 of 5
said Real Property Records of Denton County, Texas and in the West line of said Lot 1, Block 1,
Mason Addition;
THENCE North 00 degrees 44 minutes 02 seconds East with the West line thereof and the East line of
said 2.074 acre Schmidt Tract a distance of 234.97 feet to a V2" iron rod found for the Northeast comer
thereof at the Southerly most Southeast comer of said House of Mosig Tract;
THENCE North 89 degree 04 minutes 23 seconds West with the South line thereof and the North line
of said Schmidt Tract a distance of 177.15 feet to a ½" iron rod found for the Northwest comer thereof
and the Southerly most Southwest comer of said House of Mosig Tract, same being in the East line of
a called 5 acre tract of land described in the Deed bom Billy Joe Martin and Nellie E Martin to John
Tysseland as recorded in Volume 666, Page 726 of said Deed Records of Denton County, Texas;
THENCE North 01 degree 03 minutes 59 seconds East with the East line thereof and the West line of
said House of Mosig Tract a distance of 157.57 feet to a ½" iron rod found for the Southeast comer of
said 11.403 acre Owen Tract at the Northeast comer of said 5 acre Tysseland Tract;
THENCE South 89 degrees 15 minutes 52 seconds West with the North line thereof and the South line
of said 11.403 acre Owen Tract a distance of 303.59 feet to a ½" iron rod found for the Southwest
comer thereof and the Northwest comer of said 5 acre Tysseland Tract in the West line of said M.
YOACHUM SURVEY and the East line of said Fullbright Tract;
THENCE North 00 degrees 46 minutes 19 seconds East with the East line thereof and the West line of
said 11.403 acre Owen Tract and the M. YOACHUM SURVEY a distance of 1529.79 feet to the
PLACE OF BEGINNING and enclosing 22.55 acres of land.
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