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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 0535E/39