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05-11-18-Ordinance-Rezoning McClain Acres to Industrial-06/04/2018ORDINANCE # O3-11-18 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE LAND USE PLAN AND FUTURE LAND USE MAP BY CHANGING THE USE CLASSIFICATION FROM RURAL RESIDENTIAL AND COMMERCIAL TO INDUSTRIAL ON A CERTAIN APPROXIMATELY 55.147 ACRES SITUATED IN THE WILLIAM MASON SURVEY ABSTRACT NO. 801, AND GENERALLY LOCATED WEST OF I-35 NORTH AND APPROXIMATELY 650 FEET SOUTH OF VIEW ROAD; 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, the Planning and Zoning Commission reviewed and studied an amendment to the Comprehensive Land Use Plan; and WHEREAS, the City Council conducted a public hearing on June 4, 2018, at which all persons were given an opportunity to present testimony; and WHEREAS, the amendment is in accordance with the goals, objectives and policies of the Comprehensive Land Use Plan adopted by Ordinance No. 1146-07; and WHEREAS, the City Council has concluded that the amendment to the Pian is in the best interest of the City and is for the purpose of protecting the health, safety and general welfare of the City and its citizens; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the Comprehensive Land Use Plan and Future Land Use Map are hereby amended for only that approximately 55.147-acre tract as described in the attached Exhibit A, and generally located west of 1~35 North and approximately 650 feet south of View Road by changing the use of said tract from Rural Residential and Commercial to Industrial. Section 2. All ordinances or pants of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. 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 woz•d, 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 4. 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 5. 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 4th day of June, 2018, 1'P�� City Secretary EXHIBIT A PROPERTY DESCRIPTION OF PROPOSED LOT 1 & LOT 27 BLOCK 1, MCCLAIN ACRES CITY OF SANGER, DENTON COUNTY, TEXAS FIELD NOTES to that certain tract of land situated in the William Mason survey. Abstract No. 801, City of Sanger, Denton County, Texas, and being all of a called 55.19 acre tract of land described by deed from PointBank to MACCAMP Ltd., recorded in Instrument Number 201M4366 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of the tract being described herein at a fence corner post found at the southeast corner of said 55.19 acre tract, and being in the west right-of-way line of Interstate Highway 35; THENCE NORTH 89 degrees 35 minutes 16 seconds WEST (deed call SOUTH 89 degrees 28 minutes 27 seconds WEST), with the south line of said 55.19 acre tract, along and near a fence line, a distance of 2338.21 feet (deed call 2338,04 feet) to a fence corner post found, said corner being the southwest corner of said 55.19 acre tract; THENCE NORTH 00 degrees 37 minutes 53 seconds EAST (deed call NORTH 00 degrees 22 minutes 58 seconds WEST), along and near a fence, a distance of 1028,73 feet (deed call 1029.42 feet) to a fence corner post found at the northwest corner of said 55.19 acre tract; THENCE SOUTH 89 degrees 31 minutes 13 seconds EAST (deed call NORTH 89 degrees 31 minutes 32 seconds EAST), along and near a fence, a distance of 2336.72 feet (deed call 2337.96 feet) to a fence corner post found at the northeast corner of said 55.19 acre tract in aforementioned west right-of4ay line of said Interstate Highway 35, from which a % inch capped rebar stamped "Metroplex 1843" found bears NORTH 81 degrees 11 minutes 31 seconds EAST, a distance of 1.34 feet; THENCE SOUTH 00 degrees 32 minutes 54 seconds WEST (deed call SOUTH 00 degrees 23 minutes 12 seconds EAST), with the east line of said 55.19 acre tract, and with the west right-of-way line of said highway, a distance of 1026.65 feet (deed call 1027.33 feet) to the POINT OF BEGINNING and CONTAINING 2,402,189 square feet or 55.147 acres of land, more or less. Bearings are based on Grid North per the Texas Coordinate System of 1983, North Central Zone. Land Use Exhibit - R.Bebee Tr 22, 22A & J.Morton Tr 51 BANGER Case #: 18SANZON-0006 .,•EX�t O#: rdinance 0 160 320 640 Feet correctness olsc�npnEa: THs imp was genem�ed b/ GIS dau pmNdsd b/ dte sayar GIS Ge{arlmeCly Sayer of daes nrn ryramntea dwe orccypfany feawmson Nis map. TTae map aorave� sa rer ul�c�m4on wrpaaaa om/ a�a rol stela ulp for sit es FcoficcMnwn making. GIS dala c comp l to wmlalechanges, and nay rol bo compete, accvte a or current. Rezoning Exhibit: McClain Acres , DISCLALdFA. 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