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2000-091 o rsANCE NO / AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY PLACING A SINGLE- FAMILY 16 (SF-16[C]), WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON 34 40 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EL PASEO STREET AND APPROXIMATELY FIVE HUNDRED (500) FEET NORTH OF RYAN ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-051) WHEREAS, on July 27, 1999, City Council received a report, held a d]scusmon and then d~rected staffto proceed w~th voluntary annexation of the 34 40 acres of land described hereto, and WHEREAS, Beverly Stephens has apphed to ~mtmlly place a S~ngle-Famdy 16 (SF-16) zomng district classfficaOon and use designation on 34 40 acres of land described here~n, and WHEREAS, on August 25, 1999, the Planmng and Zomng Commms~on recommended approval of the proposed S~ngle-fam~ly 16 (SF- 16) zomng d~smct, and WHEREAS, on November 16, 1999, the Oty of Denton voluntarily annexed 34 40 acres of land described by Ordinance 99-426, wNch was made effective upon ~ts passage, and WHEREAS, the City Council finds that the proposed zomng, w~th the conditions ~mposed herein, wtll be is conmstent w~th the Denton Comprehenmve Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ The 34 40 acre property described ~n the legal description attached hereto and ~ncorporated hereto as Exl-nNt A is hereby ~mtmlly placed m the S~ngle-famdy 16 (SF-16[c]) zomng dmmct clasmficat~on and use des~gnation under the comprehenmve zonmg ordinance of the Oty of Denton, Texas w~th the following condxt~ons 1 The applicant will perform the necessary earthwork, ~dentffied on "Shadow Brook Place Restoration Grading Plan", attached hereto and ~ncorporated herren by reference as ExNNt "B", as soon as weather permtts 2 The apphcant shall re-estabhsh off-site disturbed grades to safe and restored conditions, as soon as weather permits m accordance with the same grading notes and standards for ons~te conditions set forth ~n ExNNt "B" The apphcant shall obtmn effected property owners' permms~on prior to performing such work 3 The apphcant shall obtmn mwew and lnspechon of such work described m 1 and 2 above by Oty staffto make certain that these conditions have been properly fulfilled All of the above condttlons must be fulfilled prior to preliminary plat approval for the subject property SECTION 2 That the City's officml zoning map ~s amended to show the zomng d~stnct clasmficatwn ~ That any person wolating any provlmon of thru ordinance shall, upon conwctlon, be finexl a sum not exceeding $2,000 00 Each day that a prowmon of thru ordinance ~s wolated shall constitute a separate and d~st~nct offense T~ That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary ~s hereby d~rected to cause the caption of thru ordinance to be published twice m the Denton R¢cord-Chromcle, a dmly newspaper published in the C~ty of Denton, Texas, w~thm ten (10) days of the date or,ts passage /'~d f PASSED AND APPROVED this the /--- ay o ~,~,~ , 2000 JA~.~I~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 EXHIBIT A Z-99-05t (SHADOW BROOK PLACE) 34 40 acres All that certain lot, tract or parcel of land lying and being s~tuated ~n the A G~bson Survey, Abstract No 498, Denton County, Texas, being the same tract of land descnbed ~n a deed to Elmer Wayne Stephens et ux, dated 4-16-74, as recorded ~n Volume 706, Page 79 of the Deed Records of Denton County, Texas, being the same tract of land described ~n a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No 98-0041953 of the Real Property Records of Denton County, Texas, being the same (called) 10 433 acre tract of land described ~n a deed to Custom Designs, Inc, dated 4-12-99, as recorded under County Clerks F~le No 99- 0037344 of the Real Property Records of Denton County, Texas, being the same (called) 8 240 acre tract of land described m a deed to Bra~n Stephens Trust, dated 4-1- 98, as recorded under County Clerk's F~le No 98-0041954 of the Real Property Records of Denton County, Texas, being the same (called) 4 291 acre tract of land described ~n a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No 98-0041955 of the Real Property Records of Denton County, Texas, and to Brain Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No 98-0041956 of the Real Property Records of Denton County, Texas, being more particularly described as follows BEGINNING at the northwest corner of sa~d Elmer Wayne Stephens tract, same being on the south right-of-way of El Paseo and the east I~ne of Forrestndge Add~bon, Secbon II, an addition to the C~ty and County of Denton, Texas, according to the plat thereof recorded ~n Cabinet C, Page 12, of the Plat Records of Denton County, Texas, sa~d point lying on the current city hm~ts line as estabhshed by Ordinance No 65-35, THENCE North 88° 24' 40" East w~th the north hne of sa~d Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the ex~st~ng c~ty hm~ts hne as established by said Ordinance No 65-35, a d~stance of 363 44 feet to a point for corner, THENCE North 74° 22' 04" East w~th the north I~ne of sa~d Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the ex~sbng city hm~ts hne as estabhshed by sa~d Ordinance No 65-35, a d~stance of 12 48 feet to a point for corner at the northeast corner of sa~d Elmer Wayne Stephens tract, THENCE South 14° 58' 40" East w~th an east hne of sa~d Elmer Wayne Stephens tract, a d~stance of 6 30 feet to a point for corner at the beglnmng of a curve to the r~ght, THENCE with said curve to the right, hawng a central angle of 9° 14' 08", a radius of 1534 02 feet, an arc length of 247 27 feet, a chord which beam South 10° 27' 05" East a d~stance of 247 00 feet to a point for corner on the East hne of sa~d Elmer Wayne Stephens tract, Z-99 051 LEGAL DESCRIPTION PAGE 1 OF 2 EXHIBIT A Z-99-051 (SHADOW BROOK PLACE) 34 40 acres THENCE North 88° 45' 10" East, a distance of 591 10 feet to a point for corner on the east hne of sa~d Custom Des;gns, Inc, tract, THENCE South 09° 35' 00" West with an east hne of sa~d Custom Designs, Inc, tract, a d~stance of 135 47 feet to a po;nt for corner, THENCE South 39° 07' 10" West with an east I~ne of sa~d Custom Designs, Inc, tract, a d;stance of 290 26 feet to a point for comer, THENCE South 26° 36' 00" East w~th an east hne of sa;d Custom Designs, Inc, tract, a d;stance of 268 00 feet to a point for corner, THENCE South w~th an east hne of sa~d Custom Designs, Inc, tract, a d~stance of 246 00 feet to a point for corner, THENCE South 09° 17' 00" West w~th an east hne of sa~d Custom Designs, Inc, tract, a d~stance of 104 93 feet to a point for corner at the southeast corner of sa~d Custom Designs, Inc, tract, same being the northeast corner of sa~d 8 240 acre tract, THENCE South 09° 19' 00" West w~th an east I;ne of sa~d 8 240 acre tract, passing the southeast corner of sa~d 8 240 acre tract and the northeast corner of sa~d 4 291 acre tract, cont;nu~ng a total d~stance of 436 80 feet to a po;nt for corner at the northernmost southeast corner of sa;d 4 291 acre tract, THENCE South 88° 49' 00" West with a south hne of sa~d 4 291-acre tract, a distance of 726 00 feet to a point for corner, THENCE South 00° 37' 00" West w~th an east hne of sa;d 4 291-acre tract, a d~stance of 62 60 feet to a point for comer at the southeast comer of sa~d 4 291-acre tract, THENCE South 88° 48' 29" West w~th the south hne of sa~d 4 291 acre tract, a d~stance of 251 63 feet to a point for corner at the southwest corner of sa~d 4 291 acre tract, same being on the east I~ne of the Estates of Forrestndge, Secbon III, an add~bon to the C~ty and County of Denton, Texas, according to the plat thereof recorded ~n Cabinet K, Page 295 of the Plat Records of Denton County, Texas, sa~d point also being on the ex~sbng c~ty hm~ts hne as estabhshed by Ordinance No 93-188, THENCE North 00° 36' 55" West w~th the ex~st~ng c~ty hm~ts hne as estabhshed by sa~d Ordinance No 93-188, and as estabhshed by Ordinance No 92-060 and Ordinance No 88-001, a distance of 1828 60 feet to THE POINT OF BEGINNING and conta~mng in all 34 40 acres of land Z 99-051 LEGAL DESCRIPTION PAGE 2 OF 2