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12-33-18-Ordinance-Land Use Map Amendment from Industrial to Commercial-12/03/2018ORDINANCE # XL-OJ-18 AN ORDINANCE OF THE CITY COUNCIL 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 INDUSTRIAL TO COMMERCIAL ON A CERTAIN APPROXIMATELY 1.17 ACRES OF LAND FOR LOT 1R AND LOT 2R OF SANGER INDUSTRIAL ADDITION, SITUATED IN THE REUBEN BEBEE SURVEY ABSTRACT NO. 29, AND GENERALLY LOCATED NORTH-EAST OF THE INTERSECTION OF BOLIVAR STREET NORTH 2ND STREET; PROVIDING FOR A SEVERABILITY CLAUSE; PROVISING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCES FOR VIOLATIONS; 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 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 Plan 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 1.17-acre tract as described in Exhibit A and illustrated m Exhibit B, and generally located north-east of the intersection of Bolivar Street and North 2"d Street by changing the use of said tract from Industrial to Commercial. SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.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 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 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 accordance with the general penalty provision found in The Code of Ordinances, Section 1.109 General Penalty for Violations of Code. SECTION S. 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 Counco�fth/e City of Sanger, Texas, on this day ofc.B ATTEST: i Secretary APPROVED: �G �• /7/l c-1tivL E. Muir, Mayor EXHIBIT A: Ordinance # 12-33-18 1.17 ACRE TRACT PROPERTY DESCRIPTION Lot 1R: Being a 0.57 acre tract or parcel of land situated in the Reuben Bebee Survey, Abstract Number 29, Denton County, Texas, and being all of a tract of land described in deed to City of Sanger, recorded in Document Number 2007-91252 of the Real Property Records of Denton County, Texas, and also being a portion of the 20' alley shown separating lots 5 through 8 and 13 through 16, Block 7 of the Original Town of Sanger an addition to Denton County, Texas, recorded in Volume 48, Page 630 of the Deed Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at 1/2" iron rod found at Southeast corner of said City of Sanger tract and the Southwest corner of a called 4.4798 acre tract of land described in the deed to Sanger Texas Industrial Development Corporation, recorded in Document Number 2009-70797 of the Real Property Records of Denton County, Texas and in the North right-of-way line of Boliver Street (variable width right-of-way) and being the Southeast corner of Lot 5 and the common Southwest corner of Lot 4, Block 7 of said Original Town of Sanger; Thence South 86°46149" West with the South line of said City of Sanger tract, same being the South line of said Block 7 and with the North right-of-way line of said Boliver Street, a distance of 100.00 feet to a capped 1/2" iron rod stamped "Eagle Surveying" set at the Southwest corner of said City of Sanger tract same being the Southwest corner of said Block 7 and being in the West right-of-way line of N. 2ND Street (60' right-of-way); Thence North 03°57'35" West with the West line of said City of Sanger tract same being the West line of said Block 7 and with the East right-of-way line of said N. 2ND Street and encompassing said 20 alley, a distance of 250.09 feet to a capped 1/2" iron rod stamped "Eagle Surveying" set at the Northwest corner of said City of Sanger tract and being at the intersection of the East line of said N. 2ND Street and the South right-of-way line of Elm Street (80' right-of-way); Thence North 86050123" East with the North line of said City of Sanger tract, the North line of said Block 7 and with the South right-of-way line of said Elm Street, a distance of 100.02 feet to a 1/2" iron rod found at the Northeast corner of said City of Sanger tract and being the Northeast corner of Lot 13 and the Northwest corner of 12, Block 7 of said Original Town of Sanger and in the West line of said 4.4798 acre tract; Thence South 03°57'15" East, with the East line of City of Sanger tract and the common West line of said 4.4798 acre tract, the common line of said Lot 12 and Lot 13, and encompassing said 20' alley and with the common line of said Lot 4 and Lot 5, a distance of 249.99 feet to the POINT OF BEGINNING and containing 0.57 acres of land, more or less. Lot 2R: Being a 0.60 acre tract or parcel of land situated in the Reuben Bebee Survey, Abstract Number 29, Denton County, Texas, and being a portion of a called 4.4798 acre tract of land described in deed to Sanger Texas Industrial Development Corporation, recorded in Document Number 2009-70797 of the Real Property Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at 1/2" iron rod found at the Southwest corner of said 4.4798 acre tract, the common Southeast corner of a tract of land described in the deed to the City of Sanger, recorded in Document Number 2007-91252 of the Real Property Records of Denton County, Texas, and in the North right-of- way line of Boliver Street (variable width right-of-way) and being the Southeast corner of Lot 5 and the common Southwest corner of Lot 4, Block 7 of said Original Town of Sanger; Thence North 03°57'15" West, with the West line of said 4.4798 acre tract and the common East line of said City of Sanger tract, a distance of 249.99 feet to a 1/2" iron rod found at an angle point in the West line of said 4.4798 acre tract, the Northeast corner of said City of Sanger tract and being in the South right-of-way line of Elm Street (80' right-of-way); Thence North 86050'23" East with the West line of said 4.4798 acre tract, and with the South right-of- way line of said Elm Street, passing at 100.02 feet a 1/2" iron rod found at an angle point in the West line of said 4.4798 acre tract and continuing on said course, over and across said 4.4798 acre tract a total distance of 109.21 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set; Thence South 01030'17" East, over and across said 4.4798 acre tract, a distance of 249.97 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set in the South line of said 4.4798 acre tract and being in the North right-of-way line of said Boliver Street; Thence South 86°46'49" West with the South line of said 4.4798 acre tract and with the North right-of- way line of said Boliver Street, a distance of 98.53 feet to the POINT OF BEGINNING and containing 0.60 acres of land, more or less. EXHIBIT B: Ordinance # 12-33-18 Current Land Use { Residential rban Low Density I I, I j trial Proposed Land Use � ' - _ - _ I - reign uensity Residential - Elm St Z I I ' Industrial I. i l I 04 - - - --Commercial - :_ St- -------- — - ---- ---- -- Urban Low U) Density I' I Land Use Exhibit -Sanger Industrial Addn Sanfntr BANGER Case #: 18SANZON-0059 0���11•,� This rrep was geroaled by GIS date pmNded trythe Sangerotg guarantee nt. The Gyof *TEXAS Ordinance #. accuracy ofanotguaraNee the Correctness ssar Tracy ar any features on the nap. These map pvdutlsare fm(a rst"Inpvposeson and 0 45 90 180 Feet am not data Is utject ea constapec �td awes melding. 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