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2002-199ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 72.3 ACRES IN THE CITY OF DENTON FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3); THE TRACT BEING GENERALLY LOCATED NORTH OF LOOP 288, SOUTH OF LONG ROAD, EAST OF STUART DRIVE AND WEST OF SHERMAN DRIVE, 1N THE CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE (Z02-0023). WHEREAS, the City of Denton has initiated a change in zoning for an approximate 72.3 acres of land from Agriculture (A) zoning district classification and use designation to Neighborhood Residential 3 (NR-3); and WHEREAS, on May 22, 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 zoning district classification and use designation of the approximate 72.3 acre property described in the legal description attached hereto and incorporated herein as Exhibit "A" is hereby changed from Agriculture (A) zoning district classification and use designation to Neighborhood Residential 3 (NR-3) 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 classification. SECTION 3. If any provision of this ordinance or the application thereof to any person or cimumstance 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 ord'mance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeffmg $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 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 //~--day~ of/~'~' ~ ( /~.d.d~J ,2002. EULINEBROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: /q,(~ , ..~ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 4 Exhibit "A" All that certain tract of land situated in the S. McCracken Survey Abstract Number 817, City of Denton, Denton County, Texas and being a part of the called 120.420 acre tract described in the deed from Edward F. Wolski to Denton Independent School District recorded under Clerk's File Number 97-R0083710 of the Real Property Records of Denton County, Texas; BEGINNING for the Northeast comer of the tract being described herein on the North line of the DISD tract in the middle of Long Road at it's intersection with the Corporate Limits of the City of Denton as described in Tract 4 of Ordinance 74-36, 500 feet Northwesterly from the center of F.M. 428 (Sherman Drive); THENCE Southwesterly across the 120.420 acre tract with the said Corporate Limits, 500 feet Northwesterly from the center of F.M. 428 (Sherman Drive), the following 3 calls: South 31 Degrees 15 Minutes West a distance of 447.4 feet more or less to the beginning ora curve to the left having a radius of 6230.0 feet Along the arc of the curve an arc length of 286.3 feet more or less (chord bearing South 29 Degrees 56 Minutes West a distance of 286.25 feet more or less) to the end of the curve; South 28 Degrees 37 Minutes West a distance of 656.3 feet more or less to the Northeast comer of the annexation tract described in Ordinance 82-7, being 600 feet North of the centerline of the Loop 288; THENCE Westerly across the 120.420 acre tract with the said Corporate Limits 600 feet North of and parallel with the centerline of the Loop 288, the following 3 calls: North 65 Degrees 52 Minutes 28 Seconds East a distance of 47.16 feet more or less to the beginning of a curve to the left having a radius of 6329.58 feet Along the arc of the curve an arc length of 2546.87 feet more or less (chord bearing North 77 Degrees 24 Minutes 25 Seconds West a distance of 2529.72 feet more or less) to the end of the curve; North 88 Degrees 56 Minutes 06 Seconds West a distance of 1077.37 feet more or less to the West line of the DISD tract in Stuart Road; THENCE North 00 Degrees 44 Minutes East along Stuart Road with the West line of the DISD tract a distance of 109.2 feet more or less to an angle point therein. THENCE North 42 Degrees 32 Minutes East along Long Road with the North line of the DISD a distance of 765.0 feet more or less to an angle point therein; Page 3 of 4 THENCE South 89 Degrees 08 Minutes East continuing along Long Road with the North line of the DISD tract a distance of 3760.3 feet more or less to the PLACE OF BEGINNING and enclosing 72.3 acres of land more or less. Page 4 of 4