02-05-04-Ordinance-Rezoning property from Agriculture and Multi-Family to Single Family 7G and Business 2-02/17/2004ORDINANCE #02-05-04
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE OFFICIAL
ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A
ZONING CLASSIFICATION CHANGE FROM AG (AGRICULTURE) AND MF2
(MULTI -FAMILY 2) TO SF7G (SINGLE FAMILY 7G) AND B2 (BUSINESS 2)
SPECIFICALLY DESCRIBED HEREIN IN EXHIBITS A AND B ATTACHED;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Request for Change in Zoning Classification and Map 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 convened 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 published and
posted;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1. That the legal description of a portion of the property to be rezoned herein is
generally described as follows:
SEE "EXHIBIT A" ATTACHED HERETO
Section 2. The zoning classification on the property described in Exhibit "A" is hereby
changed to `B-2", Business-2 Zoning, and the Official Zoning Map is amended accordingly.
Section 3. That the legal description of a portion of the property to be rezoned herein is
generally described as follows:
SEE "EXHIBIT B" ATTACHED HERETO
Section 4. The zoning classification on the property described in Exhibit `B" is hereby
changed to "S177G", Single Family 7G Zoning, and the Official Zoning Map is amended
accordingly.
Section 5. All ordinances or parts of ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
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Section 6. 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 7. 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 8. 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 17t" day of February, 2004.
ATTEST:
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City Secretary
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63412
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"B-2" — BUSINESS DISTRICT
30.00 ACRES
BEING PART of that certain tract, or parcel, of land described in deed to Donald
E. Sable Living Trust recorded in Volume 4387, Page 1769 of the Deed Records,
Denton County, Texas, hereinafter called the "Sable Tract"; and, BEING more
particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of the herein above referenced "Sable
Tract" at a Y2 inch Iron Pin for corner with a yellow plastic cap stamped
"METROPLEX 1849" lying on the southeast right-of-way line of F. M. Road 455
described in a deed to the State of Texas recorded in Volume 348, Page 548 of
Deed Records, Denton County; and, said pin being also the most northerly
northeast corner of that certain tract, or parcel, of land described in a deed to M.
B. Kirby recorded in Volume 333, Page 524 of the Deed Records, Denton
County, Texas, hereinafter called the "Kirby Tract"; and,
THENCE: N 681 16' 42" E with a north line of the said "Sable Tract" and the
southeast right-of-way line of FM Road 455 a distance of 1002.88 feet
to a wood post right-of-way monument at the beginning of a curve to
the left; and,
THENCE: Northeasterly along said curve to the left with a north line of the said
"Sable Tract" and the southeast right-of-way line of F. M. Road 455,
having a radius of 1,474.86 feet, a central angle of 230 18' 47", and an
arc length of 600.11 feet (Chord of North 560 27' 08" E a distance of
595.97 feet) to a wood post right-of-way Monument; and,
THENCE: N 451 20' 54' E with a north line of the said "Sable Tract" and the
southeast right-of-way line of F. M. Road 455 a distance of 500.00
feet to a PK Nail set for the most westerly southwest corner of that
Permanent Right -of -Way Easement Agreement described in the
easement agreement recorded in Volume 5091, Page 2877 of the
Deed Records, Denton County, Texas; and, said easement described
therein being locally known as the south half of the 100 ft. right-of-way
of Indian Trail; and,
THENCE: S 440 49' 59" E a distance of 740.48 feet upon, and across, the said
"Sable Tract" and along the south line of the herein above referenced
"Permanent Right -of -Way Easement Agreement" to a point for corner
thereon; and,
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THENCE: Parallel to, and 740.48 feet southeast of, the southeast right-of-way of
line of F. M. Road 455 as follows:
S 450 20' 54' W a distance of 399.14 feet upon, and across, the said
"Sable Tract" to at the beginning of a curve to the right; and,
Southwesterly upon, and across, the said "Sable Tract", along said
curve to the right having a radius of 2,215.34 feet, a central angle of
230 14' 33", and an arc length of 895.67 feet (Chord of S 560 31' 07"
W a distance of 892.52 feet) to point thereon for corner; and,
S 680 16' 42" W a distance of 519.91 feet upon, and across, the said
"Sable Tract" to a point for corner lying on the east line of the herein
above referenced "Kirby Tract" being also a west line of the said
"Sable Tract"; and,
THENCE: N 000 03' 17" E with the east line of the herein above referenced
"Kirby Tract" and along a west line of the said "Sable Tract" passing
the southeast corner of a tract of land described in the deed to James
Ray Pennington and Billie J Pennington recorded in Volume 4789,
Page 409 of the Deed Records, Denton County, Texas, hereinafter
called the "Pennington Tract" at a distance of 187.14 feet, more or
less, and continuing N 000 03' 17" E along a west line of the said
"Sable Tract" and along the east line of said "Pennington Tract" for a
distance of 172.66 feet, more or less, for a total distance of 395.80
feet to a fence corner at the northeast corner of said "Pennington
Tract" and an inner corner of the said "Sable Tract"; and,
THENCE: N 88" 41' 00" W with a south line of the said "Sable Tract" and the
north line of the said "Pennington Tract" a distance of 737.90 feet to a
Y2 inch Iron Pin for corner with a yellow plastic cap stamped
WETROPLEX 1849" at a southwest corner of the said "Sable Tract"
said pin being a northwest corner of the said Pennington Tract, said
pin also being on an east line of the said "Kirby Tract"; and,
THENCE: N 080 07' 00" E a distance of 97.00 feet along a west line of said
"Sable Tract" and an east line of said "Kirby Tract to the POINT OF
BEGINNING and containing 130.00 Acres of land.
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"SF-7" — SINGLE FAMILY
95.80 ACRES
TRACT 1 (92.22 Ac.)
BEING PART of that certain tract, or parcel, of land described in deed to Donald
E. Sable Living Trust recorded in Volume 4387, Page 1769 of the Deed Records,
Denton County, Texas, hereinafter called the "Sable Tract"; and, BEING more
particularly described by metes and bounds as follows:
BEGINNING at an Iron Pin found for corner at the eastern most southeast corner
of the said "Sable Tract" lying on the west line of the tract of land described in the
deed to Howard Willie Turner recorded in Volume 587, Page 695 of Deed
Records, Denton County, Texas; herein after called the "Turner Tract" and, said
Iron Pin found for corner also being the northeast corner of the tract of land
described in the deed to Sanger Cemetery recorded in Volume 479, Page 283
Deed Records, Denton County, Texas; and,
THENCE: N 88° 35' 55" W a distance of 666.55 feet with the said "Sable Tract"
and the north line of the said Sanger Cemetery tract recorded in
Volume 479, Page 283 to a %" Inch Iron Pen set for corner with a
yellow plastic cap stamped "METROPLEX 1849" at a northwest
corner of said Sanger Cemetery tract recorded in Volume 479, Page
283; and,
THENCE: S 01° 21' 37" W a distance of 629.06 feet with an east line of the said
"Sable Tract" and a west line of the said Sanger Cemetery tract
recorded in Volume 479, Page 283 to an Iron Pipe found for the
southwest corner of the said Sanger Cemetery tract and at a
southeast corner of the said "Sable Tract" lying in the north line of the
tract of land described in the deed to Sanger Cemetery recorded in
Volume 176, Page 622 of Deed Records, Denton County, Texas; and,
THENCE: N 880 22' 38" W with a south line of the said "Sable Tract" and a north
line of the said Sanger Cemetery Tract recorded in Volume 176,
Page 622 a distance of 221.70 feet to a Y2 inch Iron Pin set for corner
with a yellow plastic cap stamped "METROPLEX 1849" at the
northwest corner of the said Sanger Cemetery tract recorded in
Volume 176, Page 622; and,
THENCE: S 01 ° 58' 44" W with an east line of the said "Sable Tract" and a west
line of the said Sanger Cemetery Tract recorded in Volume 176, Page
622 a distance of 689.90 feet to an Iron Pipe found for corner at a
southeast corner of the said "Sable Tract" lying at a southwest corner
of the Sanger Cemetery Tract recorded in Volume 176, Page 622,
said pipe being on the north right-of-way line of McReynolds RD; and,
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THENCE: N 890 36' 57" W with a south line of the said "Sable Tract" and the
north right-of-way line of the McReynolds Rd a distance of 26.73 feet
to a Y2 inch Iron Pin set for corner with a yellow plastic cap stamped
"METROPLEX 1849" lying at the southeast corner of an easement to
Lone Star Gas Company described in Volume 486, Page 526 Deed
Records, Denton County, Texas hereinafter called the "LSG Tract";
and,
THENCE: N 000 36'07" W with a west line of the said "Sable Tract" and the east
line of the said "LSG Tract" a distance of 26.10 feet to a fence corner
at the northeast corner of said "LSG Tract"; and,
THENCE: S 890 57' 55" W with a south line of the said "Sable Tract" and the
north line of the said "LSG Tract" a distance of 49.48 feet to a fence
corner at the northwest corner of said "LSG Tract"; and,
THENCE: S 000 00' 40" E with an east line of the said "Sable Tract" and the
west line of the said "LSG Tract" a distance of 24.90 feet to a '/2 inch
Iron Pin set for corner with a yellow plastic cap stamped
"METROPLEX 1849" at the southwest corner of the said "LSG
TRACT" on the north right-of-way line of McReynolds Rd; and,
THENCE: N 880 32' 23" W with a south line of the said "Sable Tract" and the
north right-of-way line of McReynolds Rd a distance of 992.60 feet to
a'/ inch Iron Pin set with a yellow plastic cap stamped "METROPLEX
1849" at the most southerly southwest corner of the said "Sable
Tract"; and,
THENCE: N 000 03' 17" E with a west line of the said "Sable Tract" a distance of
2,244.30 feet to a point for corner in the most easterly east line of that
certain tract, or parcel, of land described in a deed to M. B. Kirby
recorded in Volume 333, Page 524 of the Deed Records, Denton
County, Texas; and,
THENCE: Parallel to, and 740.48 feet southeast of, the southeast right-of-way of
line of F. M. Road 455 as follows:
N 680 16' 42" E a distance of 519.91 feet upon, and across, the said
"Sable Tract" to a point at the beginning of a curve to the left; and,
Northeasterly upon, and across, the said "Sable Tract", along said
curve to the left having a radius of 2,215.34 feet, a central angle of
231 14' 33", and an arc length of 895.67 feet (Chord of N 560 31' 07" E
a distance of 892.52 feet) to point thereon for corner; and,
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N 450 20' 54' E a distance of 399.14 feet upon, and across, the said
"Sable Tract" to a point for corner in the south line of that Permanent
Right -of -Way Easement Agreement described in the easement
agreement recorded in Volume 5091, Page 2877 of the Deed
Records, Denton County, Texas; and, said easement described
therein being locally known as the south half of the 100 ft. right-of-way
of Indian Trail; and,
THENCE: S 441 49' 59" E a distance of 697.47 feet upon, and across, the said
"Sable Tract" and along the south line of the herein above referenced
"Permanent Right -of -Way Easement Agreement" to a point for corner
thereon at the beginning of a curve to the left; and,
THENCE: Southeasterly upon, and across, the said "Sable Tract", along said
curve to the left having a radius of 1,550.00 feet, a central angle of 10
43' 26", and an arc length of 46.64 feet (Chord of S 470 26' 35" E a
distance of 46.63 feet) to point thereon for corner lying on the east line
of the said "Sable Tract" and in the west line of the said "Turner
Tract"; and,
THENCE: S 010 50' 32" W with the east line of the said "Sable Tract" a distance
of 1416.42 feet to the POINT OF BEGINNING, containing 92.22
Acres of land.
TRACT 2 (3.58 Ac.)
BEING PART of that certain tract, or parcel, of land described in deed to Sanger
Cemetery recorded in Volume 176, Page 622 of Deed Records, Denton County,
Texas, hereinafter called the "Cemetery V176 Tract"; and, BEING more
particularly described by metes and bounds as follows:
COMMENCING at an Iron Pin found for corner at the eastern most southeast
corner of that certain tract, or parcel, of land described in deed to Donald E.
Sable Living Trust recorded in Volume 4387, Page 1769 of the Deed Records,
Denton County, Texas, hereinafter called the "Sable Tract" lying on the west line
of that tract, or parcel, of land described in the deed to Howard Willie Turner
recorded in Volume 587, Page 695 of Deed Records, Denton County, Texas;
and, said Iron Pin found for corner also being the northeast corner of the tract of
land described in the deed to Sanger Cemetery recorded in Volume 479, Page
283 Deed Records, Denton County, Texas, hereinafter called the "Cemetery
V479 Tract"; and,
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THENCE: N 880 35' 55" W a distance of 666.55 feet with a south line of the said
"Sable Tract" and the north line of the said "Cemetery V479 Tract" to
a Y2" Inch Iron Pen set for corner with a yellow plastic cap stamped
"METROPLEX 1849" at a northwest corner of said "Cemetery V479
Tract"; and,
THENCE: S 011 21' 37" W a distance of 629.06 feet with an east line of the said
"Sable Tract" and the west line of the said "Cemetery V479 Tract" to
an Iron Pipe found for a southeast corner of the said "Sable Tract"
lying in the north line of the said "Cemetery V176 Tract" at the POINT
OF BEGINNING; and,
THENCE: N 880 22' 38" W with a south line of the said "Sable Tract" and a north
line of the said the "Cemetery V176 Tract" a distance of 221.70 feet to
a '/ inch Iron Pin set for corner with a yellow plastic cap stamped
"METROPLEX 1849" at the northwest corner of the said the
"Cemetery V176 Tract"; and,
THENCE: S 01 ° 58' 44" W with an east line of the said "Sable Tract" and a west
line of the said the "Sanger Cemetery V176 Tract a distance of 689.90
feet to an Iron Pipe found for corner at a southeast corner of the said
"Sable Tract" lying at a southwest corner of the said the "Cemetery
V176 Tract", said pipe being on the north right-of-way line of
McReynolds Road; and,
THENCE: S 880 34' 00" E with the most southerly south line of the said the
"Sanger Cemetery V176 Tract" and along the north right-of-way of
McReynolds Road a distance of 229.15 feet, more or less, to the most
southerly southeast corner of said the "Cemetery V176 Tract lying at
the southwest corner of that tract, or parcel, of land described in deed
to Sanger Cemetery recorded in Volume 87, Page 2p0 Deed Records,
Denton County, Texas, hereinafter called the "Cemetery V87 Tract";
and,
THENCE: N 010 21' 37" E with an east line of the said of the said "Cemetery
V176 Tract" and along the west line of the said "Cemetery V87 Tract"
a distance of 321.84 feet, more or less, to the northwest corner of the
said "Cemetery V87 Tract"; and,
THENCE: N 010 21' 37" E upon, and across, the said "Cemetery V176 Tract" a
distance of 367.30 feet, more or less, to the POINT OF BEGINNING,
containing 3.58 Acres of land.
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