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