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1999-090 O INANCE NO qq- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN APPROVAL OF A DETAILED PLAN FOR 105 12 ACRES AND ESTABLISHING PLANNED DEVELOPMENT 169 (PD-169), THE SUBJECT PROPERTY IS LOCATED LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, NORTHWEST OF MCNAIR ELEMENTARY SCHOOL, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-98-056) WHEREAS, On March 23, 1999, by Ordinance No qt~/t -tg,~, the City Council annexed 114 76 acres of land to the City of Denton, Texas, and WHEREAS, on November 1 l, 1998, Mesa Design Group, Inc on behalf of Intermandeco, applied for a Planned Development Zomng Distnct Classification and Use Designation for 105 12 acres therein, and WHEREAS, on February 24, 1999, The Planning and Zoning Commission unanimously recommended approval ofa Detmled Plan for 105 12 acres located therein with modfficatlons, and WHEREAS, the City Council finds that the Detailed Plan is in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies and the 1999 Growth Management Strategy, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ SECTION I That the 105 12 acres of the 114 76 acres annexed to the Clty by Ordmance No q -~arch 23, 1999 located on the north side of Hickory Creek Road, Northwest of MeNtor elementary School, and more particularly described by a legal description attached hereto and incorporated herein by reference as Exhibit A, is hereby zoned as a Planned Development Zoning District Classification and Use Designation and Planned Development 169 (PD-169) is hereby established SECTION II That the Detmled Plan attached hereto and incorporated herein by reference as Exhibit B for the 105 12 acres is hereby approved E TI.~..C_!.!_Q.I~L.~ That the City's official zoning map is amended to show the change in zomng district classification SECTION IV That any person violating any provision of this ordmance shall, upon conviction, be fmed a sum not exceedmg $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION ¥ That this ordinance shall become effective fourteen (14) days from the date or,ts passage, and the City Secretary is hereby directed to cause the caption of this ordmance to be pubhshed twice m the Denton Reeord-Chromcle, a dmly newspaper pubhshed in the Clty of Denton, Texas, w~tlun ten (lO) days of the date of ~ts passage PASSED AND APPROVED th~s the~)Acff dayof ~~// , 1999 JACK I~R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A ~ 114.760 Acres FIELD NOTES to all certain tract of Land situated in the N. Britton Survey Abstract ~"-~er 51, City of Denton, Denton County, Texas end being alZ of the called 116.7 acre tract described in the deed from Charles N. Ryan et u~ recorded in Volume 1559, Page 39 of the Reel Property Records of Denton County, Texas, the sub]act tract being more particularly described as followa~ BEGINNIN~ for the Southwest corner of the tract being dsscr£bed herein, at an iron rod found at the Southeast corner of the called 5 acre tract described in the deed from E. D. Calvert et tug to W. Thomas Calvert et ux recorded in Volume 509, Page S81 of the Deed Records of Denton County, Texas in Hickory Creek Road on the South line of slid sur~eyI TH~CZ North 00 Degrees 0S M~.nutee 58 Secomde East genezllly along a wire fence with the West l~ne of the 116.7 acre tract a distance of 2553 6S feet to · 1/2 inch rod est at a fence corner poet at the Northeast corner of Calvert tract~ THENCE South 88 Degrees 58 Minutes 20 Seconds West along a fence a distance of 48 S2 ~eet to a 1-1/2 ~nch Sron pipe found at the most Southerly Southeast corner of a called 65.504 Acre Tract One described in the deed from Shelton Ryan end Phoebe H~ggeubotham to Wayne S. ayen recorded ~n Volume Page 890 of the said ReaZ Propert',j' Records~ -£~CE North 00 Degrees 35 M4nutes 59 Seconds West along a fence with the East li~e of the sa~d SS.S04 Acre Tract One and with the West l~ne of the 116.7 acre tract · d~etanae of 665.43 feet to a 1/2 ~nch ~rom rod found near a fence corner THENCB North 88 Degrees 3S Minutes 22 Seconds Bast along a fence w~th a South line of the SS.$04 Acre Tract One a distance of 1339.64 feet to a 1/2 inch iron rod found near a fence corner on the Northeast bank of a branch at the Southerly Southeast corner thereof on the West line of Lake Forest Good S---=itan Village aa shown by the Plat thereof recorded ~n Cabinet F, Page 36 of the Plat Records of Dentom County, Texae~ THENCE South 01 Degrees 49 M~nutee 37 Seconds East with the Eeet line of the 116.7 acre ~aot and with the West line of Lake Forest ~ood Snm~ritan Village a distance of 642.68 feet to a 1/2 4nth ~ron rod found at ~ Southwest corner thereof~ THENCE North 88 Degrees 32 M~nutee 13 Seconds East with the South line the Lake Forest ~ood Samaritan V~llage · distance of 253.78 £eet to a 1/2 inch iron rod set for the Northwest corner of the celled S0 acre tract described £n the deed fr~ Ju~t~n Industcies~ Inc. to Acme Brick Co. recorded ~nVolum.~ 3127, Page 530 of the said Real Pro~erty Records from which a S ~nch wool fence corner poet bea~s North 03 Degrees 31 M~nutee 57 Eecond~ West a distance of 10.9 feet and · 4 inch steel poet heaxe North 68 Degrees 42 M~nutae 16 Seconds East a d~atance of 15.1 feet~ 114.760 Acre THENCE South 00 Degrees 49 Minutes 12 Seconds East along a fence with the West line o£ the 80 acre tract a distance of 1273.07 feet to a 1/2 inch loon rod £ound at the Southwest oor~a= thereof and the Northwest corner o~ the remainder of the called O0 acre tract described ~n the deed of trust from Richard R Comp~on et tuc to B.R. RLY, Trustee recorded ~n Volume 2437, Page 01 o£ the said Real Proper~T Records; THRNCR South 00 Despcaes S6 MAnures 39 Seconds East along a fence w~th the West of Oaks of Monteo~to Phase I as shown by the Plat thereo£ ~acorded ~n Cabinet N, Page S4 of the Plat Records of Denton Count-f, Texas and oont~nu~ng ~th the West l~ne thereo~ pass4ng at 1290.87 feet an ~rom rod found at the Southwest corner of Block A ~ tho dedicated North r~g~t-o£-wly o£ R~oko=~ Creek Road and continuing, An a11, & total c~Lstlmoo Of 1350.87 £eet to the Southwest corner of the BLY tract on the Sou~h l~na o£ ~he Rritton St=ray; THNNON 8curb 89 Degrees 13 Minutes 31 Seconds West ~lth the South 1See of the Br~tton Survey ~n Hi=koL-y Creak Road a distanae o~ 1603.79 £aat to the PLACE OF BEGINNING and enclosing 114.760 ac=as o£ land. kdm :Jd62-b/98117