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2001-245 O INANCENO 00/- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING APPROXIMATELY 46 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF BLAGG ROAD, APPROXIMATELY 1000' WEST OF LAKEVIEW BOULEVg. RD IN THE M FORREST SURVEY, ABSTRACT NO 417, DENTON COUNTY, TEXAS TO THE AGRICULTURAL (A) ZONING DISTRICT, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z.01-0004) WHEREAS, the City of Denton has applied for a change of zomng for approximately 46 acres of land described herein to the Agriculture (A) zoning district and land use classification, and WHEREAS, on April 11, 2001, the Planning and Zoning Commission recommended approval of the requested change in zoning to Agriculture (A), and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1999 Denton Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning &strict classification and use designation of the 46 acre property as described in the legal description attached hereto and incorporated herein as Exlublt A is changed from temporary Agricultural (A) zoning district and use designation to Agriculture (A) zomng chstrlct classification and use designation under the comprehensive Zoning Ordinance of the City of Denton, Texas SI~CTION 2 The City's official zoning map is amended to show the change in zoning district classfficat~on SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or apphcatlon thereof to any person or circumstances is held ~nvahd by any court of competent junsdmt~on, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity 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 Page 1 of 2 S \Our Docum~nts\Or&nances\01kZ-01 0004 doc SECTION 5 Th~s ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption of th~s ordinance to be pubhshed t~vme ~n the Denton Record-Chromcle, a daffy newspaper published ~n the C~ty of Denton, Texas, w~thm ten (10) days of the date of~ passage PASSED AND APPROVED fl-ns the .~_.~t~day of~/~ 9/77~ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 S \Our Documents\Ordmances\01XZ-01 0004 doe EXHIBIT A LEGAL DESCRIPTION Being a tract of land sxtuated in the M Forrest Survey, Abstract No 417, Denton County, Texas and being part of a tract of land described m a deed to Nell Musgrave, et al, recorded m Volume 293, Page 418, of the Deed Records of Denton county, Texas and being more particularly described by metes and bounds as follows BEGINNING at a fence post on the south right-of-way hne of Blagg Road (variable w~dth right-of-way being the northeast comer of sa~d Musgrave tract and being the northwest comer ora tract of land deacnbed m a deed to Lakevlew Ranch L P recorded m Volume 4391, Page 1738 of the Deed Records of Denton County, Texas, THENCE South with the east line of sa~d Musgrave tract and a w~re fence, and the west line of said Lakewew Ranch tract, a d~stance of 1643 50 feet to a fence post being the northeast comer of a tract of land described ~n a deed to Doug Prew~tt and Anna Kay Prew~tt recorded m Volume 1965, Page 834 of the Deed Records of Denton County, Texas, THENCE West with the south line of smd Musgrave tract, and the north line of sa~d Prew~tt tract, and the north line of the H O and Lavoma Jo Prewltt tract recorded ~n Volume 820, Page 614, of the Deed Records of Denton County, Texas, a d~stance of 1421 00 feet to a point on the north hne of a tract of land described ~n a deed to Doug Prew~tt and Anna Kay Prewltt recorded m Clerk's File No 93-R0057448 of the Deed Records of Denton County, Texas, also being the southeast comer ora 15 foot road easement conveyed to Beatrice J Peterman, recorded m Volume 481, Page 526, Deed Records of Denton County, Texas, from smd point a "T" post bears North 32 degrees 01 minutes 38 seconds East, a distance of 5 34 feet, THENCE North w~th the west line of smd Musgrave tract, and the east hne of sa~d road easement, a chstance of 710 41 feet to a ½"iron rod found for a comer, THENCE East, a distance of 165 00 feet, to a 1/2 inch ~ron rod set with a cap stamped "Precise Land Surv "being an ell comer of sa~d Musgrave tract, THENCE North, a d~stance of 261 78 feet, to a ½ inch ~ron rod set with a cap stamped "Precise Land Surv "being an ell comer of smd Musgrave tract, THENCE West, a d~stance of 165 00 feet, to a ½ tach iron rod found for a comer, on the east line of the aforesaid 15 foot road easement, THENCE North, w~th smd eat line, a d~stance of 247 72 feet, to a 3/8 tach ~ron rod found being the southwest comer ora tract of land dascrlbed in a deed to Arch Oldham and Jonme Kathleen Dunn Oldham recorded in Volume 2860, Page 802 of the Deed Records of Denton County, Texas, THENCE North 89 degrees 59 m~nutes 36 seconds East, wath the south hne of smd Oldham tract and a w~re fence, a d~stance of 676 35 feet to a fence post being the southeast comer ora tract of land described m a deed to Ernest B Parsons recorded ~n Clerk's File No 97-068152 of the Deed Records of Denton County, Texas, THENCE North 00 degrees 05 minutes 17 seconds West, with the east hne of smd Parsons tract and a ware fence, a d~stance of 416 59 feet to a fence post on smd south right-of-way hne being the northeast comer of smd Parsons tract, THENCE North 89 degrees 28 minutes 01 second East, smd south right-of-way line, a dastanee of 745 32 feet to the POINT OF BEGINNING, and contmmng 2,003,300 square feet or 45 989 acres of land