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2002-389S:\Our Documents\Ordinances\02~Z02-0039.doc O IN CE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 1 (NR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 19.69 ACRES OF LAND GENERALLY LOCATED AT FORT WORTH DRIVE NORTH OF BRUSH CREEK ROAD LEGALLY DESCRIBED AS BEING A PORTION OF A TRACT IN ABSTRACT 1164 IN THE J. SEVERE SURVEY, AND ABSTRACT 160 IN THE B.B.B. & C.R.R. SURVEY IN THE DEED TO ORAN E. MONROE RECORDED IN VOLUM~ 429, PAGE 247 DEED RECORDS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO WILLIAM L. FRYE & MARILYN J. FRYE RECORDED BY COUNTY CLERK NUMBER 94-R00082319, REAL PROPERTY RECORDS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY ROYCE KENAS RECORDED IN VOLUME 98 l, PAGE 737, DEED RECORDS IN 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 AN EFFECTIVE DATE. (Z02-0039) WI-1EREAS, The Planning and Zoning Commission initiated a change in zoning for approximately 19.69 acres of land being legally described as being a portion of a tract in abstract 1164 in the J.Severe survey, and Abstract 160 in the B.B.B. & C.R.R. Survey in the deed to Oran E. Monroe recorded in volume 429, page 247 deed records and being a portion of a tract of land described in deed to William L. Frye & Marilyn J. Frye recorded by county clerk number 94- r00082319, real property records and being a portion of a tract of land described in deed to Billy Royce Kenas recorded in volume 981, page 737, deed records, as more particularly described in Exhibit "A" attached hereto and made part hereof by reference (the "Property") from Neighborhood Residential 2 (IqR-2) zoning district classification and use designation to Neighborhood Residential 1 (NR-1) zoning district classification and use designation; and WHEREAS, on September 25, 2002, the Planning and Zoning Commission recommended approval to change the zoning to Neighborhood Residential 1 (NR-1); and WHEREAS, the City has received written protests pursuant to Texas Local Government Code Section 211.006, which requires a three quarter vote by the City Council to change the zoning district classification and use designation; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the Property is hereby changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation to Neighborhood Residential 1 (NR- 1) zoning district classification and use and such zoning change has been passed by a three quarter vote of the City Council. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. S:\Our Documents\Ordinances\02~Z02-0039.doc SECTION 3. 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 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. 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. PASSED AND APPROVED this the/~c? day of ~/'/ff~~ ,2002. b, EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 19.69 Acres of Land Exhibit A All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. Severe Survey, Abstract Number 1164, and being part of the B.B.B. & C.R.R. Survey, Abstract Number 160, and being a portion of a certain called tract of land described in the deed to Oran E. Monroe recorded in Volume 429, Page 247 Deed Records, Denton County, Texas and being a portion of a certain called tract of land described in the deed to William L. Frye & Marilyn J. Frye recorded by County Clerk file number 94-R00082319, Real Property Records, Denton County, Texas and being a portion of a certain called tract of land described in the deed to Billy Royce Kenas recorded in Volume 981, Page 437 Deed Records, Denton County, Texas and being more particularly described as follows: BEING only the area of those certain called tracts of land located within the present City limits line established by Ordinance 69-40 III, City of Denton, Denton County, Texas: BEGINNING at a point in the existing U.S. 377 East Right-of-way line and being the Northwest property comer of said Billy Royce Kenas tract; THENCE East along the North boundary line of said Billy Royce Kenas tract a distance of 509 feet more or less to a point on the East boundary of the current City limits line established by said Ordinance; THENCE Southwest along the East boundary line of the current City limits line established by said ordinance and passing the South boundary line of said Billy Royce Kenas tract also being the North boundary line of said William L. Frye & Marilyn J. Frye tract then passing the South boundary line of said William L. Frye & Marilyn J. Frye tract also being the North boundary line of said Oran E. Monroe tract a distance of 1,985 feet more or less to a point on the South boundary line of said Oran E. Monroe tract. THENCE West along the South boundary of said Oran E. Monroe tract a distance of 344 feet more or less to a point for a for a comer; THENCE Northwest along a South boundary line of said Oran E. Monroe tract a distance of 109 feet more or less to a point for a comer on the East Right-of-way line of said U.S. 377; THENCE Northeast along the West boundary line of said Oran E. Monroe tract a distance of 1065 feet more or less to a point for a comer and being the Southwest comer of said William L. Frye & Marilyn J. Frye tract; THENCE North 28 Degrees 14 Minutes 33 Seconds East, along the East Right-of-way of said U.S. 377 and passing the Northwest comer of said William L. Frye & Marilyn J. Frye tract also being the Southwest comer of said Billy Royce Kenas tract a distance of 813.53 feet to the POINT OF BEGINNING and containing in all 19.69 acres of land more or less.