05-24-11-Ordinance-Rezoning from Agricultural to Industrial District for Tract 53 in the John Morton Survey-05/02/2011ORDINANCE 05-24-11
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL
ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM A AGRICULTURAL DISTRICT TO I-1 INDUSTRIAL
DISTRICT ON PROPERTY LEGALLY DESCRIBED AS A 20-ACRE PORTION OF
A PROPERTY LEGALLY DESCRIBED AS TRACT 53 OF THE JOHN MORTON
SURVEY, ABSTRACT 792, LOCATED ON THE SOUTH SIDE OF UNION HILL
ROAD APPROXIMATELY 1,164 FEET WEST OF THE INTERSECTION OF UNION
HILL ROAD AND FM 455; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City
of Sanger, Texas, concerning the hereinafter described properties;
WHEREAS, due notice of hearings were made in the time and manner prescribed by law and
the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and
conducted public hearings for the purpose of assessing zoning classification changes on the
hereinafter described properties located in the City of Sanger, Texas; and
WHEREAS, an additional opportunity for all interested persons to be heard was provided by
the City Council of the City of Sanger, Texas, at open meetings, with proper notice posted;
Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1 That the legal description of the property zoned herein is generally
described as follows:
A 20-Acre Portion of a Property Legally Described as Tract 53 of the John Morton Survey, Abstract 792,
Located on the South Side of Union Hill Road Approximately 1,164 Feet West of the Intersection of Union
Hill Road and FM 455, further described in Exhibit A, attached
Section 2 The zoning classification on the herein above described property is
hereby changed from A Agricultural District to I-1 Industrial District.
Section 3 All ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
Section 4 It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable
and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence,
paragraph, or section.
Section 5 Any person, firm, or corporation who shall violate any of the
provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined
in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and
each and every day such offense shall continue shall be deemed to constitute a separate
offense.
Section 6 This ordinance will take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of
Sanger, Texas, on this 2nd day of May, 2011.
A(S���t,_,:,��� APPROVED:
1Vlayor Thomas Muir
ATTEST:
Tami Taber, City Secretary
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ORDINANCE 05-24-11
EXHIBIT IBIT "A"
BEING A 20,000 ACRE TRACT OF LAND SITUATED IN THE JOHN MORTON SURVEY, ABSTRACT
NUMBER 792, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 125,344 ACRE
TRACT OF LAND DESCRIBED IN DEED TO HUGH Z. PRUETT AND SANDRA B. PRUETT AS RECORDED IN
DOCUMENT NUMBER 2010-56178 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS.
SAID 20.000 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a 1/2 Inch Iron rod found for the southwest corner of said 125.344 acre tract, also being the
northwest corner of that certain tract of land described in deed to Lloyd Melvin Lines and Mary Ellen lines, as
recorded In Document Number 1993-10537 Of said Real Property Records, also lying in the east line of that
certain tract of land described In dead to The Miller Family Trust, as recorded in Document Number 1994.89291
of said deal Property Records, and in the common east line of the Reuben Babes Survey, Abstract Number 29,
and the west line of said John Morton Survey, from which a 1/2 inch capped Iron rod found stamped °Metroplex
1849" bears S 89° 2911511 E, a distance of 2202.63 feet, (record is S 890 26' 54" E - 2205.58 feet], being the
southeast corner of the said 125,344 acre tract;
THENCE N 00° 28' 56" E, along the west line of said 125,344 acre tract, the east tine of said Miller Family Trust
tract, and said common survey fine, along and near a fence, a distance of 1505.22 feet to a 5/8 inch capped iron
rod set and stamped "TNP" for the POINT OF BEGINNING of the herein described tract;
THENCE N 00° 28' 56" E, continuing along said line, a distance of 980.22 feet to 5/8 inch capped iron rod set
and stamped "TNP", beside a dilapidated wooden fence post, lying In the south line of Union Hill Road, a
variable width right-of-way, for the northwest corner hereof;
THENCE, N 89° 34' 38" E, along the north line of said 125,344 acre tract, the south line of said Union HIII Road,
along and near a fence, a distance of 888.89 feet to a 5/8 Inch capped Iron rod set and stamped "TNP" for the
northeast corner hereof, from which a concrete right-of-way monument found bears N 89° 34' 38" E, a distance
of 1164.03•feet, being the most northerly northeast corner of said•125;844 acre -tract;
THENCE S 00° 28' 56" W, departing said north line, and the south line of said Union HIII Road, over and across
said 125.344 acre tract, a distance of 980.22 feet to a 5/8 inch capped Iron rod set and stamped "TNP" for the
southeast corner hereof;
THENCE S 89" 34' 38" W, continuing over and across said 125,344 acre tract, a distance of 888.89 feet to the
POINT OF BEGINNING, and containing 20,000 acres of land more or less.
ANNEXATION RESOLUTION — Union Hill Road Property Page 3 of 4