1989-0522612L
NO Tp,~7
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE
CITY OF DENTON, TEXAS, BFING ALL THAT LOT, TRACT OR PARCEL OF LAND
CONSISTING OF APPROXIMATELY 134 9097 ACRFS OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF
THE M MCBRIDE SURVEY, ABSTRACT NO 804, W TANZY SURVEY, ABSTRACT
NO 1253, DENTON COUNTY, TEXAS, CLASSIFYING THE SAME AS AGRICULTURAL
"A" DISTRICT PROPERTY, AND DECLARING AN EFFFCTIVE DATE.
WHEREAS, a request for annexation for the property described in
Exhibit "A", a copy of which is attached hereto and incorporated by
reference herein, was introduced at a regular meeting of the City
Council of the City of Denton, Texas, on the petition of the City of
Denton, and
WHFREAS, an opportunit was afforded, at a public hearing held
for that purpose on the day of , 1989 in the Council
Chambers for all intereste persons to state eir views and present
evidence bearing upon the annexation provided y this ordinance, and
WHEREAS, an opportunit as affor e , at a public hearing held
for that purpose on the to day r s of ' 1989 in the Council
Chambers for all inteest~e'd~perons to state eir views and present
evidence bearing upon the annexation provide by this ordinance, and
WHEREAS, this ordinance has been published in full at least one
time in the official newspaper of the City of Denton, Texas, prior
to its effective date, and after the public hearings,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the tract of land described in said Exhibit "A"
be, an t e same is hereby annexed to the City of Denton, Texas, and
the same is made hereby a part of said City and the land and the
present and future inhabitants thereof shall be entitled to all the
rights and privileges of other citizens of said City and shall be
bound by the acts and ordinances of said City now in effect or which
may hereafter be enacted and the property situated therein shall be
subject to and shall bear its prorata part of the taxes levied by
the City
SECTION II The property described in Exhibit "A" is hereby
classified as Agricultural "A" District and shall so appear on the
official zoning map of the City of Denton, Texas, which map is
hereby amended accordingly
SECTION III Should any section or part of this ordinance be
held uncons tutional, illegal or invalid, or the application there-
of ineffective or inapplicable as to any territory, such unconstitu-
tionality, illegality, invalidity or ineffectiveness of such section
or part shall in no wise affect, impair or invalidate the remaining
portion or portions thereof, but as to such remaining portion or
portions, the same shall be and remain in full force and effect, and
should this ordinance for any reason be ineffective as to any part
of the area hereby annexed to the City of Denton, such ineffective-
ness of this ordinance as to any such part or parts of any such area
shall not affect the effectiveness of this ordinance as to all of
the remainder of such area, and the City Council hereby declares it
to be its purpose to annex to the City of Denton every part of the
area described in said Exhibit "A" of this ordinance, regardless of
whether any other part of such described area is hereby effectively
annexed to the City Provided, further, that if there is included
within the general description of territory set out in Section I of
this Ordinance to be hereby annexed to the City of Denton any lands
or area which are presently part of and included within the limits
of the City of Denton, or which are presently part of and included
within the limits of any other City, Town or Village, or which are
not within the City of Denton's jurisdiction to annex, the same is
hereby excluded and excepted from the territory to be hereby annexed
as fully as if such excluded and excepted area were expressly
described herein
SECTION IV This ordinance shall be effective immediately upon
its passage
Introduced before the City Council on the Z day of IN".,
1989
~PASSFD AND
APPROVED by the City Council on theday of
1989
RAY ST S, 17AYOR
ATTEST
JE IR ALTERS, C ECRETARY
CI OF D NTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
A-58/PAGE TWO
EXHIBIT "A"
TRACT I
ALL that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas and being part
of the M McBride survey, Abst No 804, W Tanzy survey Abst
No 1253, and more fully described as follows
BEING a strip of land 100 feet in width and containing
approximately 20 4316 acres of land, more or less, said 100
foot strip lying 50 feet on each side of the centerline
described below,
BEGINNING at a point lying in the centerline of the Elm Fork of
the Trinity river, said point lying 434 43 feet, more or less,
southeast of the northwest corner of a tract conveyed from
Daniel M Mahoney Realtors, Inc to D M Mahoney/O S Royalty
Joint Venture by a deed dated January 30, 1981 and recorded in
Volume 1058, Page 603 of the Deed Records of Denton County
Texas said point also lying in the east boundary line of a
tract conveyed from J W Porter to Eagle Farms, Inc by a deed
dated July 19, 1979 and recorded in Volume 963, Page 734 of the
DRDCT,
THENCE northwesterly along the west boundary line of said
Mahoney Tract and the east boundary line of said Eagle Farms,
Inc Tract the following two courses and distances, (1) north
130 15' 59" west a distance of 252 74 feet, (2) north 400
05' 18" west, 181 69 feet to the westerly northwest corner of
said Mahoney Tract and the southerly southeast corner of Tract
II as conveyed from Scenic Joint Venture to h L Hughes and Ray
Lynch by a deed dated December 30, 1986 and recorded in Volume
2062, Page 311 of the DUCT,
THENCE northerly the following 12 courses and distances along
the west boundary line of said Hughes Tract and continuing
along the east boundary line of said Eagle Farms Tract, (1)
north 550 6' west 169 0 feet, (2) south 830 03' west, 303 2
feet, (3) south 370 6' west, 393 0 feet, (4) south 650 16'
west, 236 7 feet, (5) north 60 40' west, 400 2 feet, (6)
north 70 46' east, 336 6 feet, (7) north 800 22' east,
597 4 feet, (8) north 310 53' east, 149 6 feet, (9) north
40 10' west, 702 9 feet, (10) north 630 02' west, 1,153 2
feet, (11) north 90 45' west, 231 2 feet, (12) north 180
18' east, 109 2 feet to the northwest corner of said Scenic
Joint Venture Tract and the northeast corner of said Eagle
Farms Tract said point also being the southwest corner of a
tract of land conveyed from Charles D Hall to Clyde A
Blakeley, Jr and wife Minnie B Blakeley by a deed dated
January 10, 1966 and recorded in Volume 533, Page 434 of the
DRDCT and being the southeast corner of Tract One as conveyed
from Scenic Joint Venture to E L Hughes and Ray Lynch by a
deed dated December 30, 1986 and recorded in Volume 2062, Page
311 of the DRDCT, said point also lying in the centerline of an
east/west public road known as McKinney Bridge Road,
THENCE northerly the following 4 courses and distances along
the centerline of said Elm Fork same being the west boundary
line of said Tract One and the east boundary line of said
Blakeley Tract, (1) north 180 18' east, 180 6 feet, (2) north
50 36' east, 420 0 feet, (3) north 420 21' west, 282 8
feet, (4) north 210 16' 30 0' west, 217 14 feet to the
northwest corner of said Tract One and the northeast corner of
said Blakeley Tract said point also lying in the north boundary
line of said McBride survey, Abst No 804 and the south
boundary line of said Tansey Survey, Abst No 1253, said point
also being the southwest corner of a tract conveyed from Daniel
H Evans and wife, Barbara Evans to Bobby G McDowell and wife,
Bobbie B McDowell by a deed dated December 1, 1977 and
recorded in Volume in 875, Page 783 of the DRDCT and the
southeast corner of a tract conveyed from John T Campbell to
Charles McCallum by a deed dated August 2, 1960 and recorded
in Volume 458, Page 362 of the DUCT for corner,
THENCE northerly the following 2 courses and distances, along
the centerline of said Elm Fork same being the west boundary
line of said McCallum Tract and the east boundary line of said
McDowell Tract (1) north 50 30' 30" west, 198 55 feet, (2)
north 80 22' 30" west, 867 94 feet to the northeast corner of
said McDowell Tract and the southeast corner of a tract of land
conveyed from Sam Evans, et al to John W Porter Auto Sales
Inc , by a deed dated August 23, 1971 and recorded in Volume
627, Page 539 of the DRDCT for corner,
THENCE northerly the following 7 courses and distances along
the centerline of said Elm Fork continuing along the west
boundary line of said McCallum Tract and the east boundary line
of said John Porter Auto Sales Inc Tract, (1) north 140 3'
30" east, 230 9 feet, (2) north 470 55' 30 0" east, 142 3
feet, (3) north 650 17' east, 260 3 feet, (4) north 170 18'
30" east, 285 3 feet, (5) north 120 2' west, 309 8 feet, (6)
north 70 39' west, 3S7 9 feet, (7) north 200 20' 15" west,
33 feet to the northeast corner of the remainder of the John W
Porter Auto Sales Inc Tract and the southeast corner of a
tract conveyed from John W Porter Auto Sales, Inc to Mike
Ramos by a deed dated September 10, 1984 and recorded in Volume
1530, Page 151 of the DUCT for corner,
THENCE northwesterly the following 2 courses and distances
along the centerline of said Elm Fork along the west boundary
line of said McCallum Tract and the east boundary line of said
Ramos Tract, (1) north 200 20' 15" west, 27 8 feet, (2) north
180 7' west, 252 0 feet to the northeast corner of said Ramos
Tract and the southeast corner of a tract conveyed from John W
Porter Auto Sales, Inc to Susan Porter by a deed dated
September 10, 1984 and recorded in Volume 1530, Page 147 of the
DRDCT for corner,
THENCE north 180 07' west along the west boundary line of
said McCallum Tract and the east boundary line of said Susan
Porter Tract a distance of 317 75 feet to the northeast corner
of said Susan Porter Tract and the southeast corner of a tract
conveyed from John W Porter Auto Sales, Inc to John R Porter
by a deed dated September 10, 1984 and recorded in Volume 1523,
Page 505 of the DRDCT for corner,
THENCE northwesterly the following 2 courses and distances
along the centerline of said Elm Fork, same being the west
boundary line of said McCallum Tract and the east boundary line
of said John R Porter Tract, (1) north 180 7' west, 13 05
feet, (2) north 170 49' 30" west to the northwest corner of
said McCallum and the southwest corner of a tract conveyed from
Charles W McCallum and wife Winnye B McCallum to the United
States of America by a deed dated November 18, 1981 and
recorded in Volume 1113, Page 158 of the DRDCT for the Point of
Termination and the point of beginning of Tract II
TRACT II
ALL that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being
part of the W Tanzy Survey, Abst No 1253, S A $ M G R R
Survey, Abst No 1228 and more particularly described as
follows
BEING a strip of land 1,000' in width and containing
approximately 114 4781 acres of land, more or less, said 1,000'
strip lying 500' on each side of the centerline described below,
BEGINNING at a point lying in the centerline Elm Fork of the
Trinity river, said point lying in the southwest boundary line
of a tract conveyed from Charles W McCallum and wife Winnye B
McCallum to the United States of America by a deed dated
November 18, 1981 and recorded in Volume 1113, Page 158 of the
D R D C T , said point also lying in the east boundary line of
a tract conveyed from John W Porter Auto Sales, Inc to John
R Portcr by a deed dated September 10, 1984 and recorded in
Volume 1523, Page 505 of the D R D C T ,
THENCE northwesterly the following 2 courses and distances
along the centerline of said Elm Fork, same being the west
boundary line of said U S A Tract and east boundary line of
said John R Porter Tract, (1) north 170 49' 30" west, 100'
more or less, (2) north 200 19' 30" west, 50 98 feet to the
northeast corner of said John R Porter Tract and the southeast
corner of a tract conveyed from John W Porter Auto Sales, Inc
to Vaughn Andrus by a deed dated September 10, 1984 and
recorded in Volume 1523, Page 501 of the DRDCT for corner,
THENCE north 200 19' 30" west along the centerline of said
Elm Fork, same being the west boundary line of said McCallum to
USA Tract and the east boundary line of said Vaughn Andrus
Tract a distance of 343 12 feet to the northeast corner of said
Andrus Tract and the southeast corner of a tract conveyed from
John W Porter Auto Sales, Inc to Ann Andrus by a deed dated
September 10, 1984 and recorded in Volume 1523, Page 513 of the
DRDCT for corner,
THENCE north 200 19' 30" west along the centerline of said
Elm Fork, some being the west boundary line of said USA Tract
and the east boundary line of said Ann Andrus Tract a distance
of 377 33 feet to the northeast corner of said Ann Andrus and
the southeast corner of a tract conveyed from John W Porter
Auto Sales, Inc to Betty Cochran by a deed dated September 10,
1984 and recorded in Volume 1523, Page 517 of the DRDCT,
THENCE northwesterly the following 2 courses and distances
along the centerline of said Elm Fork, same being the west
boundary line of said McCallum to USA Tract and the east
boundary line of said Cochran Tract, (1) north 200 19' 30"
west, 202 87 feet, (2) north 270 43' 30" west, 387 0 feet to
the nortneast corner of said Cochran Tract and the southeast
corner of a tract conveyed from Jo Ann Burger to the United
States of America by a deed dated October S, 1981 and recorded
in Volume 1107, Page 209 of the DRDCT for corner,
THENCE northwesterly along the center of said Elm Fork same
being the west boundary line of said McCallum to USA Tract and
the east boundary line of said Burger to USA Tract a distance
of 868 feet to the northwest corner of said McCallum to USA
Tract and the northeast corner of said Burger to USA Tract,
said point also lying in the north boundary line of said Tansey
survey and south boundary line of said S A $ M G R R Survey,
also being the southwest corner of Tract 216-1 as conveyed from
William E Campbell Jr , et al to the United States of America
by a deed dated April 12, 1982 and recorded in Volume 1136,
Page 801 of the DRDCT and the southeast corner of Tract No 213
as conveyed from John W Porter et al to the United States of
America by a deed dated August 24, 1981 and recorded in Volume
1096, Page 787 of the DRDCT for corner,
THENCE northwesterly along the centerline of said Elm Fork same
being the west boundary line of said Campbell to USA Tract and
the East boundary line of said Porter to USA Tract a distance
of 2,678 feet to an angle point in the west boundary line of
said Campbell to USA Tract and the east boundary line of said
Porter to USA Tract, said point also lying in the west boundary
line of said S A $ M G R R Survey and the east boundary line
of the W Cox Survey, Abst No 291 for the Point of
Termination
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