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1999-184AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 46 194 ACRES OF LAND TO SINGLE-FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 21 853 ACRES OF LAND (TRACT I) AND SINGLE -FAMILY 10 (SF-10) ZONING DISTRICT CLASSIFICATION & USE DESIGNATION FOR 24 341 ACRES OF LAND (TRACT II) LOCATED IN THE T MARTIN SURVEY (ABSTRACT 900) EAST SIDE OF COUNTRY CLUB ROAD (FM 1830) BETWEEN HOBSON LANE AND SAUNDERS, DIRECTLY WEST OF ROLLING HILLS CIRCLE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-013) WHEREAS, Burke Engmeenng, on behalf of Bill Orr and Craig Irwin, has apphed for a change m zomng for 46 194 acres of land from Agricultural (A) zomng district classification and use designation to Single-Family 16 (SF-16) and S~ngle-Famfly 10 (SF-10) zomng d~stnct classification and use designation, and WHEREAS, on April 28, 1999, the Planning and Zoning Commission recommended approval of the requested change m zomng, and WHEREAS, the City Council finds that the change ~n zoning wall be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the zomng district classification and use designation of the 46 194 acre property descnbed in the legal descnptlon attached hereto and incorporated here~n as Exhibit "A" ~s changed from Agricultural (A) zomng district classification and use designation to Single Family 16 (SF-16) Zomng D~stnct Classification & Use Designation for 21 853 acres of land (Tract 1) and Single Family 10 (SF-10) zoning district classification and use designation for 24 341 acres of land (Tract II), under the comprehensive zomng ordinance of the City of Denton, Texas ~ That the C~ty's official zoning map is amended to show the change m zoning district classification ~ That 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 ~ That 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 pubhshed twice in the Denton Record-Chromcle, a dally newspaper pubhshed in the City of Denton, Texas, wathln ten (1 O) days of the date of ~ts passage APPROVED flus the / ~--£ day of ~ff_~/~-.d , 1999 PASSED JACI(. LLER, MAYO} ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 Ila~ ii '99 i4 27 LANDMARK SURUE~ TEL 8175879784 P 4 EXHIBIT A 9810433c FIELD NOTES TRACT I 21.853 ACRES BEING all that certain lot, tract or parcel of land situated in the T Marhn Survey Abstract Number 900, in the City of Denton, Denton County, Texas being a part of that certain tract of land conveyed by deed from First State Bank of Denton to H S Osborne recorded in Volume 1093, Page 84, Deed Records, Denton County, Texas end being aa part of that carta~n (called) 38 73 acre tract of land conveyed by deed from Walter P Ross and v~fe, Shirley L Ross to H S Osborne and v~fe, Edna M Osborne recorded in Volume 385, Page 337, Deed Records, Denton County, Texas, and being more parhcularly descnbed as follows BEGINNING at an ~ron rod found for corner m the west hne of Lot 79, Block B, Forrestndge Secbon Two, an addition to the C~ty of Denton, Denton County, Texas according to the plat thereof recorded ~n Cab;net C, Page 12, Plat Records, Denton County, Texas, said point being the southeast corner of said 38 73 acre tract and the northeast corner of that certain (called) 21 617 acre tract of land conveyed by deed to Bernett L Mart~n recorded ~n Volume 1025, Page 58, Deed Records, Denton County, Texas, THENCE S 89* 55' 55" W, pass at 842 9 feet the northeast comer of that carta~n tract of land conveyed by deed from Marllyn Perryman to M W Simmons and w;fe, PatrlcJa C Simmons recorded in Volume 890, Page 337, Deed Records, Denton County, Texas, a total distance of 990 08 feet wtth the north hne of said Mart~n and Simmons tracts to an iron rod set for corner, THENCE N 00° 18' 48" W, 957 97 feet to an ~ron rod set for corner ;n the south line of that certain tract of land conveyed by deed from Wllham S Colvllle to G~ovani Glom~ recorded In Volume 3186, Page 366, Real Property Records, Denton County, Texas, THENOE N 89* 31' 44" E, 990 08 feet w~th said south hne of said G~om, tract to a fence corner for corner in said west I,ne of said Forrestr~dge Section Two, THENCE S 00° 18' 48" E, 984 93 feet with sa;d west hne of said Forrestndge Section Two to the PLACE OF BEGINNING and containing 21 853 acres of land 11~9 11 '99 14 2~ LRHDHRRK ~URU~¥ TEL ~17~0797~4 P 2 9810433b FIELD NOTES TRACT II 24 341 ACRES BEING all that certain lot, tract or parcel of land situated in the T Martin Survey Abstract Number 900, ~n the City of Denton, Denton County, Texas, be,ng a part of that certain tract of land conveyed by deed from F~rst State Bank of Denton to H S Osborne recorded tn Volume 1093, Page 84, Deed Records, Denton County, Texas and being a part of that certain (celled) 38 73 acre tract of land conveyed by deed from Walter P Ross and ~fe, Sh;rley L Ross to H S Osborne and wife, Edna M Osborne recorded ;n Volume 385. Page 337, Deed Records, Denton County, Texas, and being more particularly described as follows COMMENCING at an ~ron rod found for corner tn the west hne of Lot 79, Block B, Forrestndge Section Two, an addition to the Ctty of Denton, Denton County, Texas according to the plat thereof recorded ,n Cabtnat C, Page 12, Plat Records, Denton County, Texas, said point being the southeast corner of satd 38 73 acre tract and the northeast corner of that certain (called) 21 617 acre tract of land conveyed by deed to Bemeff L Mart~n recorded in Volume 1025, Page 58, Deed Records, Denton County, Texas. THENCE S 89° 55' 55" W. pass at 842 9 feet the northeast corner of that certain tract of land conveyed by deed from Marllyn Perryman to M W S,mmons end wife. Patricia C Simmons recorded ,n Volume 890, Page 337, Deed Records, Denton County, Texas, a total distance of 990 08 feet w~th the north line of said Martin and Simmons tracts to an tron rod set for PLACE OF BEGINNING, THENCE S 89' 55' 55" W. pass at 580 1 feet the northeast corner of that certain tract of land conveyed by deedfrom BIIhe Jean Smothers et al to Douglas K Wolfe and w~fe. Lorl J Wolfe recorded .n Volume 2068, Page 512, Real Property Records, Denton County, Texas, pass at 748 5 feet the northeast comer of that certain tract of land conveyed by deed from Susan Ehzabeth Hoffman Heath to Denton Property Ltd recorded ,n Volume 2017, Page 165, Real Property Records, Denton County, Texas, a total distance of 990 42 feet along or near a fence line and w~th the north hne of sa~d Simmons. Wolfe and Denton Property tracts to a fence comer for comer, sa~d point be;rig the southeast corner of that certain tract of land conveyed by deed from Monk Clearman to H B Ely et al recorded tn Volume 1421 Page 10, Real Property Records, Denton County, Texas, THENCE N 00° 30' 16" E, 761 34 feet w;th the east I,ne of sa~d Ely tract to a fence comer for corner, sa;d po,hr being the northeast corner of sa;d Ely tract, THENCE S 89° 43' 10" W. 641 68 feet vath the north line of satd Ely tract to a fence comer for comer m the east line of Farm-to-Market Highway Number Ila~ 11 '99 14 26 LANDMARK SURUEY TEL 8i?~879784 P 3 1830. ~ public roadway hawng a right-of-way of 90 0 feet. THENCE N 00° 33' 01" W. 187 63 feet with sa~d east line of said F M Highway to a fence corner for corner, said point being the southwest comer of that certain tract of land conveyed by deed from W~lllam S Colv~lle to Giovam Gioml recorded in Volume 3186, Page 366, Real Property Records, Demon County. Texas,, THENCE N 89° 31' 44" E, 1622 01 feet v~th the south line of sa~d G~om~ tract to an ~ron,rod set for corner, THENCE S 00°18' 48" E, 957 97 feet to the PLACE OF BEGINNING and containing 24 341 acres of land