06-18-03-Ordinance-Rezoning B-2 Business to SF-5E Single Family in the RM Burleson Survey-06/02/2003Robert Dillard - ord0618.03.doc Page 1
ORDINANCE #06-18-03
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 B-2 (BUSINESS 2)
TO SF5E (SINGLE FAMILY - 5E) 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:
All that certain tract lot, tract or parcel of land, lying and being situated in the County
of Denton, State of Texas, and being a part of a certain 20.374 acre tract 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 out of the M. R.
BURLESON SURVEY, Abstract No. 71, and being more particularly described as follows:
BEGINNING at a steel pin in the East Right -of -Way Line of IH35E and in the west
boundary line of the above mentioned Tract Two of 20.374 acres of land, and being at the
northwest corner of a certain 70 feet x 70 feet tract of land, now in the name of F.E. Akers;
THENCE NORTH 03 degrees, 22 minutes west, along the east Right -of -Way Line of
IH35E, 20.00 feet to a steel pin for corner;
THENCE EAST 170.00 feet to a steel pin for corner;
THENCE SOUTH 03 degrees, 32 minutes East, 20.00 feet to a steel pin for the
northeast corner of the above mentioned F.E. Akers tract;
THENCE WEST 170.00 feet to POINT OF BEGINNING and containing .08 of an
acre of land, AND
All that certain tract 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 and 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 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 as follows:
Robert Dillard - ord0618.03.doc Page 2
BEGINNING t a steel pin in the West Boundary line of the above mentioned Tract
Two of 20.374 acres, and being North 03 degrees 32 minutes West from the Northwest corner
of a certain 1.0003 acre tract which was conveyed from D.C. Gheen to M.L. Gheen by deed
dated June 10, 1963, and recorded in Vol. 495, page 331 of the Deed Records of Denton
County, Texas said steel pin and point of beginning also being in the East Boundary Line of
IH 35E.
THENCE North 03 degrees 32 minutes west along the East boundary line of IH 35E
70.00 feet to a steel pin for corner;
THENCE East, and being 140.00 feet from and parallel with the North boundary line
of the M.L. Gheen tract, 170.00 feet to a steel pin for corner;
THENCE South 03 degrees, 32 minutes East, and parallel with the East boundary line
of IH 35E, 70.00 feet to a steel pin for corner;
THENCE West, 170.00 feet to point of beginning and containing .27318 of an acre of
land, AND
All that certain tract lot, tract or parcel of land, lying and being situated in the County
of Denton, State of Texas, and being a part of a certain 20.374 acre tract 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 out of the M. R.
BURLESON SURVEY, Abstract No. 71, and being more particularly described as follows:
BEGINNING at a steel pin the East Boundary Line of Tract Two of 20.374 acres of
land, as above mentioned, and being North 03 degrees, 27 minutes East, 208.17 feet from the
southwest corner of said Tract Two;
THENCE WEST 348.03 feet to a steel pin for corner and being the northeast corner of
the M.L. Gheen 1.0003 acre tract;
THENCE NORTH 1 foot to a steel pin for corner;
THENCE WEST 50.01 feet to a steel pin for corner in the East boundary line of a 70
feet x 170 feet tract now in the name of R.L. Ogden;
THENCE NORTH 03 degrees, 32 minutes West 159.00 feet to a steel pin for corner;
THENCE WEST 170.00 feet to a steel pin for corner in the East boundary line of IH
35E;
THENCE NORTH 03 degrees, 22 minutes west, along the Ease boundary line of IH
35E, 50.00 feet to a steel pin for corner;
THENCE EAST 592.96 feet to a steel pin for corner in the East boundary line of the
past mentioned Tract Two of 20.374 acres;
THENCE SOUTH 03 degrees, 27 minutes West, 209.98 feet to POINT OF
BEGINNING, and containing 2.217 acres of land.
SAVE AND EXCEPT all that certain tract, lot, or parcel of land described as Abstract
71, tract 19A, and The portion described as the Gheen Addition, AND
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 a certain 20.374 acre tract 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 out of the M. R.
BURLESON SURVEY, Abstract No. 71, and being more particularly described as follows:
Robert Dillard - ord0618.03.doc Page 3
BEGINNING at a steel pin at the northeast corner of a certain 1.0003 acre tract which
was conveyed by deed dated June 10, 1963 from D. C. Gheen to M.L. Gheen, as shown of
record in Volume 495, Page 331 of the Deed Records of Denton County Texas;
THENCE WEST, along the north boundary line of the above mentioned M. L. Gheen
tract, 50.01 feet to a steel pin for the southeast corner of a certain 70 feet x 170 feet tract now
in the name of R.L. Ogden;
THENCE NORTH 03 degrees, 32 minutes West, 1 (one) foot to a steel pin for corner;
THENCE EAST 50.01 feet to a steel pin for corner;
THENCE SOUTH 1 (one) foot to POINT OF BEGINNING and containing 50.01
square feet of land, AND
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 a certain 20.374 acre tract 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 out of the M. R.
BURLESON SURVEY, Abstract No. 71, and being more particularly described as follows:
BEGINNING at a steel pin and fence corner post at the southeast corner of Tract Two
of 20.374 acres as above mentioned;
THENCE NORTH 88 degrees, 10 minutes West, along fence line and the south
boundary line of said Tract Two, 335.5 feet to a steel pin for the northeast corner of the M.L.
Gheen 1.0003 acre tract;
THENCE NORTH 2O7.8 feet to a steel pin for the northeast corner of the M.L. Gheen
1.0003 acre tract;
THENCE EAST 348.03 feet to a steel pin for corner in the east boundary line of said
Tract Two of 20.374 acres;
THENCE SOUTH 03 degrees, 27 minutes West, 208.17 feet to a POINT OF
BEGINNING and containing 1.63 acres of land.
Section 2. The zoning classification on the hereinabove described property is hereby
changed to "SFSE", Single Family - 5E 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.
Robert Dillard - ord0618.03.doc Page 4'
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 2°d day of June, 2003.
- ��Owv
Mayor
ATT T:
City Secretary
PPROVED S T O
M
City Attorney