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2002-030S:\Our Docurc~nts\Ordinan ces\0 BZ01-0029 Zoning Ordinance.doc ORDINANCE NO. ~00~ - 0~0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 67.66 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED NORTH OF JIM CHRISTAL ROAD, SOUTH OF UNIVERSITY AND WEST OF MASCH BRANCH ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z01-0029). WHEREAS, the City of Denton has initiated the original zoning for an approximate 67.66 acres of land being annexed into the City of Denton, to Agricultural (A) zoning district classification and use; and WHEREAS, on October 10, 2001, 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 zoning district classification and use designation of the approximate 67.66 acre property as described in the legal description attached hereto and incorporated herein as Exhibit "A" is hereby zoned to the Agricultural (A) zoning district classification and use designation under the comprehensive zomg ordinance of the City of Detuon, Texas. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. 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. 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 thisthe ~(~-- dayof~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBEX, CITY ATTORNEY Page 2 of 4 Exhibit "A" 67.66 ACRES All that certain tract or parcel of land lying and being situated in the Myers Brummet Johnson Survey, Abstract number 1699, Denton County, Texas, and being a portion of a certain called 45.000 acre tract described in the deed to Verl C. Lybbert and Margaret J. Lybbert from Real Property Exchange, L.C. recorded by County Clerks File Number 94-R0060135, Real Property Records, Denton County, Texas and being a portion of a certain called 24.265 acres described in the deed to Verl C. Lybbert and Margaret J. Lybbert from David H. Steiner and Mary IL Steiner recorded by County Clerks File Number 94-R0060133 of said Real Property Records, and being more particularly described as follows: BEGINNING at the point in the present city limits line as established by Ordinance No. 86-102, said point being the Southeast corner of said Ordinance 86-102 also being the Northeast corner of the established city limits line by Ordinance No. 83-90 and lying in the centerline of Jim Christal Road; THENCE North 00 Degrees 11 Minutes 40 Seconds West, along the East boundary line of said Ordinance No. 86-102 a distance of 3,090.50 feet, more or less, to a point lying in the north survey line of the Myers Brummett Johnson Survey, Abstract Number 1699 and being the Northwest corner of said 45.000 acre tract; THENCE in an Easterly direction along the North line of said Survey the next following 3 (three) calls: 1. Thence South 89 Degrees 49 Minutes 18 Seconds East, along the north line of said 45.000 acre tract a distance of 394.07 feet to a point for a corner; 2. Thence South 88 Degrees 25 Minutes 54 Seconds East, across said 45.000 acre tract a distance of 59.94 feet, more or less, to a point for a corner; 3. Thence South 89 Degrees 37 Minutes 36 Seconds East, along the north line of said 45.000 acre tract a distance of 659.22 feet to a point for a corner; THENCE South 00 Degrees 05 Minutes 23 Seconds East, with an west line of the tract of land described in the deed to Mark E. Cole and wife Linda J. Cole, recorded in volume 4750 page 737, Real Property Records of Denton County, Texas, a distance of 1,698.40 feet, more or less, to a point for a corner being a Southeast corner of said 45.000 acre tract; THENCE South 89 Degrees 03 Minutes 32 Seconds West, with an north line of said Mark E. Cole and wife Linda J. Cole tract and along a south line of said 45.000 acre tract a distance of 143.14 feet to a point for a corner; THENCE South 00 Degrees 33 Minutes 00 Seconds East, with an east line of said Mark E. Cole and, wife Linda J. Cole tract and with a west line of said 45.000 acre tract a distance of 16.57 feet to a point for a corner being a Southeast corner of said 45.000 acre tract and the Northeast corner of said 24.265 acre tract; THENCE South 00 Degrees 33 Minutes 00 Seconds East, with an east line of said 24.265 acre tract a distance of 992.15 feet to a point for a corner being a Southeast corner of said 24.265 acre tract and being the Northeast corner of the tract of land described by the deed to Larry Manning, recorded in Volume 1321 Page 230 of said Real Property Records; Page 3 of 4 THENCE North 89 Degrees 50 Minutes 43 Seconds West, with a south Hne of said 24.265 acre tract a distance of 792.69 feet to a point for an inner ell corner of said 24.265 acre tract and being the Northwest corner of the tract of land described in the deed to JItR Construction Co., Inc. recorded by County Clerks File number 99-R0110735; THENCE South 00 Degrees 28 Minutes 20 Seconds East, with an east line of said 24.265 acre tract and the west line of said JHR Construction Co., Inc. tract a distance of 452.00 feet, more or less, to a point lying in the centerline of Jim Christal Road; THENCE Northwesterly, with the centerline of said road and the north line of the present city limits line as established by Ordinance No. 69-40, a distance of 198.10 feet, more or less, to the POINT OF BEGINNING and containing 67.66 acres of land, more or less. 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