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05-15-03-Ordinance-Rezoning Business B-2 to Single Family SF-5 property RM Burleson Survey-05/05/2003ORDINANCE #05-15-03 AN ORDINANCE AMENDING THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A CHANGE IN ZONING CLASSIFICATION FROM B-2 (BUSINESS 2) TO SF5E (SINGLE FAMILY 5-E) ON THE PROPERTY SPECIFICALLY DESCRIBED HEREIN; 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: ABSTRACT 71, TRACT 23 All that certain lot, tract, or parcel of land, lying and being situated in the County of Denton, State of Texas, and being a part of the R. M. Burleson Survey, Abstract No. 71, Denton County, Texas; being a part of a tract of 20.374 acres which is designated as Tract Two as conveyed by Warranty Deed dated September 30, 1957, from J. L. Gassaway and wife, Nell Gassaway to D. C. Gheen, as shown of record in Volume 432, Page 430, of the Deed Records of Denton County, Texas. Said tract herein described being more particularly described by metes and bounds as follows: BEGINNING at a steel pin in the east boundary line of IH 35E, and being the southeast corner of a certain 2.71 acre tract of land which was conveyed by right -of way deed dated February 10, 1956, from J. L. Gassaway to the State of Texas; said steel pin and corner also being the southwest corner of the past mentioned Tract Two of 20.734 acres of land which was conveyed from J. L. Gassaway and wife, Nel Gassaway to D. C. Gheen, THENCE NORTH, 09 degrees, 05 minutes West along the east boundary line of IH 35E, a distance of 62.8 feet, to a steel pin for corner; THENCE NORTH, 03 degrees, 22 minutes West, along the east boundary line of IH 35E, and 150 feet from, and parallel to the center line of mentioned highway, a distance of 139.57 feet to a steel pin for corner; THENCE EAST, 220.01 feet, to a steel pin for corner; THENCE SOUTH, 220.01 feet, to a steel pin for corner; THENCE SOUTH, 207.8 feet to a steel pin for corner in the south boundary line of the mentioned 20.374 acre tract; THENCE NORTH, 88 degrees, 10 minutes West a distance of 202.00 feet to a point of beginning and containing in all, 1.00003 acres of land. Section 2. The zoning classification on the hereinabove described property is hereby changed to "SF50,Single Family 5E Zoning District classification and the Central Zoning Map is amended accordingly. 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 5th day of May, 2003. ATTEST: i' /I 0,11='2 L/ City Secretary A'PR,QVED AS TO FORM: =pp s e ( . P {i { f . ' 4q J -. 441 City Attorney (RLD/jh/55918/May 1, 2003) -1'c f l / 1 .. -,tea✓ Mayor °e a., 66 a,q ,.[ f y 2 ®