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01-04-03-Ordinance-Rezoning property from Industrial 1 to Business 1 for property located in the Reuben Bebee Survey-01/20/2003ORDINANCE #01-04-03 AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A ZONING CLASSIFICATION FROM I-1 (INDUSTRIAL 1) TO B-1 (BUSINESS - 1) SPECIFICALLY DESCRIBED HE, AND PROVIDING FOR IMMEDIATE EFFECT. WHEREAS, a Request for Change in Zoning Classification was duly filed with the City of Sanger, Texas, concerning the hereinafter described property; WHEREAS, due notice of hearing was 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 a public hearing for the purpose of assessing a zoning classification change on the hereinafter described property 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 an open meeting, with proper notice posted; 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: ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE REUBEN BEBEE SURVEY, ABSTRACT NUMBER 29, IN THE CITY OF SANGER, DENTON COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND DESCRIBED IN THE DEED FROM AARON H. YEATTS, ET UX TO EVERETT CLYDE YEATTS ET AL RECORDED IN VOLUME 1309 PAGE 736 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING FOR THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT A'/2' CAPPED IRON ROD SET FOR THE NORTHWEST CORNER OF SAID YEATTS TRACT IN THE EAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35; THENCE SOUTH 87 DEGREES 17 MINUTES 20 SECONDS EAST WITH THE NORTH LINE OF SAID YEATTS TRACT A DISTANCE OF 135.85 FEET TO A'/2" CAPPED IRON ROD SET FOR THE NORTHEAST CORNER OF SAID YEATTS TRACT; THENCE SOUTH 03 DEGREES 49 MINUTES 30 SECONDS EAST WITH THE EAST LINE THEREOF A DISTANCE OF 305.05 FEET TO A'/z" IRON ROD FOUND IN A TREE FOR THE NORTHEAST CORNER OF THE CALLED 1.836 ACRE TRACT DESCRIBED IN THE DEED FROM DON FARRIS, TRUSTEE TO NATHAN B. HIGHT ET UX, RECORDED IN VOLUME 1642 PAGE 769 OF SAID REAL PROPERTY RECORDS; THENCE SOUTH 76 DEGREES 36 MINUTES 30 SECONDS WEST WITH THE NORTH LINE THEREOF A DISTANCE OF 200.08 FEET TO A 5/8" IRON ROD FOUND FOR THE NORTH WEST CORNER OF SAID 1. 836 ACRE TRACT IN THE APPARENT EAST LINE OF 10m STREET; THENCE NORTH 02 DEGREES 12 MINUTES 31 SECONDS EAST A DISTANCE OF 160.05 FEET TO A '/2" CAPPED IRON ROD SET IN SAID EAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35 AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 5904.70 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 14 DEGREES 13 MINUTES 30 SECONDS EAST, 82.84 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 83.84 FEET TO A '/Z" CAPPED IRON ROD SET FOR A ANGLE POINT IN SAID HIGHWAY; THENCE NORTH 05 DEGREES 53 MINUTES 36 SECONDS EAST CONTINUING ALONG SAID HIGHWAY A DISTANCE OF 117.52 FEET TO THE PLACE OF BEGINNING AND ENCLOSING 1.289 ACRES OF LAND. Section 2. The zoning classification on the hereinabove described property is hereby changed to `B-2", Business-2 Zoning 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 accordance with the general penalty provision found in Section 1.109 of this Code. 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 20" day of January, 2003. Mayor ATTEST: City Secretary lo V APPROVED AS T F — � k e�A City Attorney °