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07-11-05-Ordinance-Rezoning from AG to SF-7F Single Family in the H Tierwester Survey-07/05/2005ORDINANCE #07-11-05 AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CLASSIFICATION CHANGE FROM AG TO SF7-F FOR THE PROPERTY DESCRIBED HEREIN; PROVIDING FOR A PENALTY; 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 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 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 OR PARCEL OF LAND LYING AND BEING SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT NUMBER 1241, CITY OF SANGER, DENTON COUNTY, TEXAS, AND BEING A PART OF WILLOWOOD ADDITION, AN ADDITION TO THE CITY OF SANGER, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H. PAGE 226, PLAT RECORDS, DENTON COUNTY, TEXAS AND BEING A PART OF A REPLAT OF WILLOWOOD ADDITION, AN ADDITION TO THE CITY OF SANGER, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET M, PAGE 62, PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 40.098 ACRE TRACT DESCRIBED IN A DEED TO LOTUS OIL TOOL, INC., RECORDED IN VOLUME 674, PAGES 47 & 50, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 IN THE WEST RIGHT-OF-WAY- OF THE A.T. AND S.F. RAILROAD; THENCE SOUTH 06 DEGREES 10 MINUTES 09 SECONDS EAST WITH THE WEST RIGHT-OF-WAY OF THE A.T. AND S.F. RAILROAD, A DISTANCE OF 885.56 FEET TO A I/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE NORTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO HOWARD ASHCRAFT AND ASSOCIATES, RECORDED IN VOLUME 1204, PAGE 853, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 17 MINUTES 29 SECONDS WEST WITH THE NORTH LINE OF SAID ASHCRAFT TRACT, A DISTANCE OF 122.80 FEET TO A %21NCH IRON PIN SET; THENCE NORTH 06 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 698.08 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE ALONG SAID CURVE, AN ARC DISTANCE OF 91.80 FEET, AND HAVING A RADIUS OF 251.02 FEET, A CENTRAL ANGLE OF 20 DEGREES 57 MINUTES 10 SECONDS, AND A CHORD WHICH BEARS NORTH 16 DEGREES 34 MINUTES 44 SECONDS WEST, A DISTANCE OF 91.29 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE, AN ARC DISTANCE OF 73.44 FEET, AND HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 21 DEGREES 02 MINUTES 24 SECONDS, AND A CHORD WHICH BEARS SOUTH 16 DEGREES 34 MINUTES 46 SECONDS EAST, A DISTANCE OF 73.03 FEET TO THE BEGINNING OF A CURVE TO A 1/2 INCH PIN SET; THENCE NORTH 06 DEGREES 03 MINUTES 34 SECONDS WEST, A DISTANCE OF 14.53 FEET TO A 1/2 INCH IRON PIN SET; THENCE NORTH 83 DEGREES 57 MINUTES 33 SECONDS EAST WITH THE NORTH LINE OF SAID TRACT, A DISTANCE OF 150.57 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 2.52 ACRES OF LAND. Section 2. The zoning classification on the hereinabove described property is hereby changed to "SF-7F - Single Family 7-F" zoning, and the City Manager is directed to cause the central zoning map to be amended to reflect such change. 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 50' day of July 2005 APPROVED: Rosalie Chavez, City S P VED S OAF City Attorney (RL ;6-29-05; 75456)