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1988-0461994L NO AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 51 3085 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE J CLAYTON SURVEY, ABSTRACT NO 221, J LAMAR SURVEY, ABSTRACT NO 754, AND M MCBRIDE SURVEY, ABSTRACT NO 804, DENTON COUNTY, TEXAS, CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY, AND DECLARING AN EFFECTIVE 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 WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 3rd day of November, 1987 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance, and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the 17th day of November, 1987 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance, and WHEREAS, the property owners of the land described in Exhibit "A" having petitioned the City to reduce the acreage of property sought to be annexed by the City and having voluntarily petitioned for the annexation of approximately 51 3085 acres, which constitutes a portion of the property described in Exhibit "A", and is described in Exhibit "B", a copy of which is attached hereto and incorporated by reference herein, and WHEREAS, the City Council having agreed to said petitioners request, 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 A-51/PAGE ONE SECTION I That the tract of land described in said Exhibit "B" be, and the 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 "B" 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 unconstitutional, illegal or invalid, or the applica- tion thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffec- tiveness 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 ineffectiveness 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 "B" 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 Mday of 1988 A-51/PAGE TWO PASSED AND APPROVED by the City Council on the 1st day of March, 1988 RAY MTEPHENS, MAYOR ATTEST J WAL ERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY A-51/PAGE THREE EXHIbII "A" ALL that certain lot, tract or parcel of land lying and being situated in the County of Len'on, State of texas and being part of the J Clayton survey, Abstract No 221, J Lamar survey, Abstract No 754, M McBride survey, Abstract No 604, and more fully described as follows BhGINNING at the southeast corner of a tract of land described in a deed to Richard W Ragsdale, et al from prank N Martino, et al dated October 2, 1975 and recorded in Volume 759, Page 879 of the L R L L T , said point also lying in the middle of a channel of Elm Fork of the Trinity River, said point also lying in the sou ui boundary line of said J Clayton survey, THENCE north 870 41' IU" west along the south boundary line of said Ragsdale tract and the south boundary line of said survey, passing the northeast corner of the tract described in Ordinance 88-025 of the present city limits and continuing for a total distance of lUUO 82 feet to a point lying 4,469 42 feet east of the southwest corner of said Ragsdale tract, and in the present city limits line for corner, THENCE north, passing at 725 U feet, more or less, the centerline of said him Fork channel, said centerline being an east boundary line of said Ragsdale tract, same being a west boundary line of the Second Tract of land described in a deed to W L Hodges et al from George W Lowther et ai dated January 14, 1942 and recorded in Volume 295, Page 182 of the L R L C 1 , passing at 1,35U U feet, more or less, said center line of him fork, same being the north boundary line of said Second Tract, same being the south boundary line of said Ragsdale tract a distance of 2,UL9 G feet to a point for corner, 1HENCE north 330 34' 21" west a distance of 2,.560 87 feet to a point lying in the north boundary line of said Ragsdale tract, said point lying 2,675 U feet, more or less, east of the northwest corner of said Ragsdale tract, same being the south boundary line of a tract described in a deed to 5 M f, R, from Michael C Ramos, Trustee dated N,arch 9, 1977 and recorded in Volume 825, Page 937 of the D R L C T for corner, THENCE north 870 21' 1011 west along the north boundary line of the said Ragsdale tract, same being the south boundary line of said 5 M f, R tract a distance of 834 b6 feet to a point for corner, THENCE north 00 32' 35" east, passing at 2,400 feet, more or less, the north boundary line of said 5 m G R tract, said point lying 18UU 0 feet east of the northwest corner of said 5 M $ R tract, same being the south boundary line of a tract described in a deed to Oliver A Fields from Sid Ford et al dated May 3, 1937 and recorded in Volume 265, Page 364 of the L k L L T , a distance of 3,442 .53 feet to a point lying in the center line of F Nl 428 for corner, A-51 Page 2 THENCE north 200 30" east, passing at 607 66 feet, more or less, the north boundary line of said Fields tract, said point being 1,975 feet east of the northwest corner of said Pields tract, same being the south boundary line of Tract 6 described in a deed to R H Venable from Ms Comette Woodrum et al dated October 16, 1959 and recorded in Volume 450, Page 635 of the b R D C T said point also lying in the north boundary line of said J Clayton survey, and the south boundary line of said J Lamar survey, continuing for a total distance of 2,726 19 feet to a point lying in the north boundary line of said Venable Tract b, said point lying 2,119 66 feet east of the northwest corner of said Tract 6, same being the south boundary lane of Tract 3, described in said deed to R H Venable for corner, said point also lying in the north boundary line of said J Lamar survey and the south boundary line of said M McBride survey, THENCE north 510 17' 01" east a distance of 3,672 29 feet to a point lying in the north boundary line of said Tract 3, said point lying 3,970 0 feet west of the northwest corner of said Tract 3, same being the south boundary line of a tract described in a deed to Perman 0 Smith from Charlie May Maddin dated May 6, 1955 and recorded in Volume 409, Page 452 of the D k D C T for corner, THENCE north 260 57' 52" east a distance of 1,433 49 feet to a point lying in the north boundary lane of said Smith tract, said point lying 4,620 0 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to Eagle Farms, Inc from John W Porter Gated July 19, 1979 and recorded in Volume 963, Page 734 of the b R D C T for corner, THENCE north 80 30' west, passing at 3,397 08 feet, more or less, the north boundary line of said Eagle Harms tract, said point lying 651 65 feet east of a north angle corner of said tract, same being the south boundary line of a tract described in a deed to Clyde A Blakeley, Jr et al from Charles D Hall dated January 10, 1966 and recorded in Volume 533, Page 434 of the D R D C l , said point also lying in the center of an east-west county road known as McKinney Bridge Rd , continuing for a total distance of 4,330 04 feet to a point an the north boundary line of said Blakeley tract, said point lying 1,040 0 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to Bobby G McDowell et al from Daniel H Evans et al dated December 1, 1977 and recorded in Volume 875, Page 783 of the D R D C 1 , said point also lying in the north boundary line of the McBride survey and the south boundary line of the lanzy survey for corner, THENCE south 890 13' east along said boundary and survey lines a distance of 249 05 feet to the northeast corner of said Blakeley tract, same being the northwest corner of a tract described in a deed to E L Hughes et al from Scenic Joint Venture dated December 30, 1986 and recorded in Volume 2,062, Page 311 of the D R D C T , THENCE south 890 06' 20" east continuing along said survey lines and along the north boundary line of said Hughes tract a distance of 967 18 feet to a point for corner, A-51 Page 3 THENCE south 80 30' east, passing 850 U feet, more or less, the center line of said McKinney Bridge Rd, continuing and passing at 2,700 0 feet, more or less, the south boundary line of said h L Hughes tract, said point lying 250 0 feet west of the southeast corner of said tract, same being the north boundary line of a tract described in a deed to b M Mahoney et al from Daniel M Mahoney Realtors, Inc dated January 30, 1981 and recorded in Volume 1,053, Page 603 of the D R D C T , continuing and passing at 3,325 0 feet, more or less, the center line of Elm Fork, same being a west boundary line of said Mahoney tract, and the east boundary line of said Eagle Farms, Inc tract, continuing and passing at 4,075 0 feet, more or less, said center line of Elm Fork, same being an east boundary line of said Eagle Farms, Inc tract, and the west boundary line of said Mahoney tract, continuing and passing at 4,800 feet, more or less, the south boundary line of said D M Mahoney tract, same being the north boundary line of a tract described in a deed to U 0 Beaty et al from L A Beaty et al dated March 30, 1950 and recorded in Volume 357, Page 606 of the D R D L T , and continuing for a total distance of 5,081 14 feet to a point for corner, THENCE south 200 32' 30" west, passing at 900 0 feet, more or less, the south boundary line of said Beaty tract, said point lying 2,365 0 feet, more or less, west of the southeast corner of said tract, same being the north boundary line of a tract described in a deed to Charlcie H Townson from Reuben Cagle, Jr dated January 13, 1986 and recorded in Volume 1,801, Page 202 of the L R D L 1 , and continuing for a total distance 1,563 54 feet to a point for corner, THENCE south 760 02' 30" west a distance of 1,291 72 feet to a point being the northerly southwest corner of the remainder tract of said Townson tract, same being the northwest corner of a tract described in a deed to the Veteran's Land Board of Texas from Patsy Johnson, Administratrix of the estate of Roy Miller Cagle, deceased, said point also lying in the east boundary line of 35 043 acre tract described in a deed to Radford A Fuller et al from Reuben Cagle, Jr , guardian of the Person and Estate of Nennie M Cagle dated December 24, 1975 and recorded in Volume 768, Page 973 of the D R D C T , for corner, THENCE south 40 28' west along the west boundary line of said Veteran's tract, same being the east boundary line of said 35 043 acre Fuller tract, passing at 434 4 feet the southwest corner of said Veteran's tract, same being the northwest corner of a 5 993 acre tract described in a deed to Radford A Fuller et al from Roy Cagle dated April 4, 1966 and recorded in Volume 536, Page 363 of the D R D C T and continuing for a total distance of 1,138 40 feet to a point same being the southwest corner of said 5 993 acre Fuller tract, and a inner ell corner of said 35 043 acre Fuller tract, said point also lying in the south boundary line of said M McBride survey, and the north boundary line of said J Lamar survey, for corner, THENCE south 880 31' 50" east along the south boundary line of said 5 993 acre Fuller tract, same being the southerly north boundary line of said 35 U43 acre Fuller tract, and said survey lines a distance of 30 U feet to a point for corner, A-51 Page 4 1hENCE south 00 14' west along the east boundary line of said 35 043 acre Fuller tract a distance of 135 08 feet to a point, same being the southeast corner of said 35 043 acre Fuller tract, and being the northeast corner of a 52 0 acre tract described in a deed to Olen L Spencer from Cynthia Ann Bond Ables et al dated April 17, 1985 and recorded Volume 1616, Page 907 of the D R D C I for corner, THENCE north 880 31' SO" west along the south boundary line of said 35 043 acre Fuller tract, same being the north boundary line of said 52 0 acre Spencer tract a distance 1,250 0 feet to a point for corner, THENCE south 310 48' 16" west, passing 1,185 0 feet, more or less, the south boundary line of said 52 0 acre Spencer tract, said point lying 2,096 71 feet, more or less, west of the southeast corner of said tract, same being the north boundary line of a 7 157 acre tract described in a deed to Olen L Spencer et al from Roy T Spencer dated November 1, 1977 and recorded in Volume 868, Page 869 of the D R D C T , continuing and passing at 1,300 71 feet the south boundary line of said 7 157 acre Spencer tract, said point lying 2,152 62 feet, more or less, west of the southeast corner of said tract, same being the north boundary line of a 37 5 acre tract described in a deed to Olen L Spencer et al from Nennie Mae Cagle dated November 17, 1952 and recorded in Volume 384, Page 52 of the D R D C T , continuing and passing at 2,171 92 feet, more or less, the south boundary line of said 37 5 acre Spencer tract, same being the north boundary line of a tract described in a deed to Bill Lynch from Ira E Parker dated November 29, 1979 and recorded in Volume 990, Page 305 of the D R L C T , said point lying 2,160 0 feet, more or less, west of the northeast corner of said Lynch tract, and continuing for a total distance of 2,907 04 feet to a point lying in the south boundary line of said Lynch tract, same being the north right-of-way of said F M 428 for corner, THENCE south 00 32' 35" west, passing at 100 feet, more or less the south right-of-way line of said r M 428, same being the north boundary line of a tract described in a deed to Perry Lee Barthold et al from C F Adcock et al dated January 24, 1978 and recorded in Volume 872, Page 413 of the D R L C T continuing for a total distance of 2,056 0 feet to a point lying in the south boundary line of said Barthold tract, said point lying 1,150 feet west of the southeast corner of said tract, same being the north boundary line of the First Tract described in a deed to W D Hodges et al from George W Lowther dated January 14, 1942 and recorded in Volume 295, Page 182 of the D R D C T for corner, THENCE south 330 34' 21" east, passing at 2,791 63 feet, more or less, south boundary line of said First 'Tract, said point being 1,750 feet west of the southeast corner of said First Tract, same being the north boundary line of Second tract described in a deed to W D Hodges et al from George W Lowther dated January 14, 1942 and recorded in Volume 295, Page 182 of the D R D C 1 and continuing for a total distance of 3,586 6 feet to a point for corner, THENCE south a distance of 2,371 06 feet to the Point of Beginning, and containing 587 3035 acres of land more or less A- 51 EXHIBIT B FIELD NOTES Z'='-, 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 J Clayton Survey, Abst No 221, J Lamar Survey, Abst No 754, M McBride Survey, Abst No 804 and more fully described as follows BEING a strip of land 100' in width and containing approximately 51 3085 acres of land more or less, strip lying 50' on each side of the centerline descr said 100' ibed below, COMMENCING at the southeast corner of a tract of land described in a d ed from Frank N Martino et all to Richard W Ragsdale et all dated October 2, 1975 and recorded in Vol 759, Page 879 point also lying einD the middlesof fa c hnton C of n the Elm Texas Fork a of the Trinity River, said point also lying in the south boundary line of said J Clayton Survey, THENCE north 870 41' 10" west along the south boundary line of said Ragsdale tract and the south boundary line of said survey, passing the northeast corner of the tract described in O rdinance No 85197 of the present city limits and continuing for of to a point east aoft the southwest corner 1,000 tract,~gand 4,469 present city limits line for corner, the THENCE north 020 18' SO" east a distance of 50 0' to the POINT OF BEGINNING THENCE south 870 41' 10" east 50 Of north of and parallel to the south boundary line of said Ragsdale Tract and the south boundary line of said survey to a point lying in the center line of said Elm Fork of the Trinity River, THENCE northerly along the centerline of said Elm Fork of the Trinity River, same being the east boundary line of said Ragsdale tract, the west boundary line of the First Tract described in a deed from George W Lother et ux to W D Hodges et ux dated January 14, 1942 and recorded in Vol 295, Page 182 First eT act, and then southwest gthe ncornerstofcothe rSecond said Hodges described in said Hodges deed, to the northeast corner of said Ragsdale tract, and the southeast corner of a tract described in a deed from Michael C Ramos, Trustee to 5 M $ R dated March 9, 1977, and recorded in Vol 825, Page 937 of the D R D C T . for corner, THENCE northerly continuing along the centerline of said Elm andkthemewestnboundaryslineunfarsaidnHodgesaSecond T& R following 12 courses and distances, (1) north 320 43' 16" west, 010 west (2) north 370 56' 0" west, 603 50' , (3) south 88° 22' 316 10 , (4) south 710 06' 011 west, 268 50'. Field Notes Page 2 (5) South 790 57' 0" west, 481 40' , (6) north OS° 59' O" west 335 8019 (7) north 460 28' 0" east, 277 30' to a the northwest corner of said Hodge Second Tract, and the southwest corner of a tract described in a deed from C F Adcock et ux to Perry Lee Barthold et ux dated January 24, 1978 and recorded in Vol 872, Page 413 of the D R D C T , (8) north 210 21' O" east, 310 301, (9) north 04° 53' O" east 294 10', (10) north 130 10' O" west, 254 70', (11) north 440 38' 0" west, 216 40', and (12) north 210 31' 0" east, 449 30' to a the northeast corner of said 5 M $ R tract, said point being the southeast corner of a tract described in a deed from Sid Ford et ux to Oliver A Fields dated May 3, 1937 and recorded in Vol 265, Page 364 of the D R D C T for corner, THENCE northerly continuing along the centerline of said creek same being the east boundary line of said Fields tract, the west boundary line of said Barthold tract, the following 4 courses and distances, (1) north 33° 30' O" east, 870 00' (2) north 350 30' O" west, 345 00', (3) north 070 0' O5" east passing the northwest corner of said Adcock tract, and' the south right>of-way line of F M 428, passing the north right-of-way line of said F M 428, and the southwest corner of a tract described in a deed from Patrick D McQueen to Bill Feb 880c o£d the D R D C T lOand 198o6 and uingcofor recorded 1 total distance Page 430 00', and (4) north 430 35' 0" east, 504 00' to the northeast corner of said Fields tract and the northwest corner of said Lynch tract, and the southeast corner of Tract 6 described in a deed to R H Venable from Mrs Comette Woodrum et all dated October 16, 1959 and recorded in Vol 450, Page 635 of the D R D C T and the southwest corner of a 37 0 acre tract described in a deed from Nennie Mae Cagle to Olen L Spencer dated November 17, 1952 and recorded in Vol 384, Page 52 of the D R D C T , said point also lying in the north boundary line of said Clayton Survey, and the south boundary line of said Lamar Survey for corner, THENCE northeasterly continuing along the center line of said Elm ForK same being the east boundary line of said Venable Tract 6 and the west boundary line of said 37 0 acre Spencer tract, to the northwest corner of the remainder of the 37 0 acre Spencer tract, and the southwest corner of a 7 1S7 acre tract described in a deed from Roy T Spencer to Olen L Spencer dated November 1, 1977 and recorded in Vol 868, Page 869 of the D R D C T for corner, THENCE north 470 45' Oo" east continuing along the centerline of said Elm Fork same being the west boundary line of said 7 157 acre Spencer tract, and the east boundary line of said Venable Tract 6, a distance of 142 33' to the northwest corner of said 7 157 acre Spencer tract, and the southwest corner of a 59 157 acre tract described in a deed from Gregory Brian Bond Field Notes Page 3 to Olen L Spencer dated June 19, 1980 and recorded in Vol 1022, Page 692 of the D R D C T for corner, THENCE northeasterly continuing along the centerline of said Elm Fork same being the west boundary line of said 59 1S7 acre Spencer tract, and the east boundary line of said Venable Tract 6, the following 7 courses and distances, (1) north 470 45' 490t,1825eas t', 228)70north 800 31' Bast,/ 156 101, (3) north north 340 30' east (259 8north 630 471 east, 267 50' (5) no 80' ' east 440 and (7) north 660 46' (57" neast 355 78'1' to the northwest corner of said 59 157 acre Spencer tract, and the southwa t corner of a tract described in a deed from Reuben Cagle, Jr to Radford A Fuller et ux dated December 24, 1975 and recorded in Vol 768, Page 973 of the D R D C T for corner, THENCE northeasterly continuing along the centerline of said Elm Fork same being the west boundary line of said Fuller tract, and the east boundary line of said Venable Tract 6, the following 12 courses and distances, (1) north 520 35' east, passing the northeast corner of said Venable Tract 6, and the southeast corner of Tract 30 described in said deed to R H Venable, and the north boundary line of said Lamar Survey and the south boundary line of said McBride Survey, continuing along the west boundary line of said Fuller tract, and the east boundary line of said Venable Tract 3 for a total distance of 247 27', (2) north 570 57' east 388 00', (3) north 290 08' 424 00, ) 6) ast, 321(001' th loo th,~ 209 001, (5) north 170 59' west e east, 103 00' 321 west, 209 00' (7) north 170 33't 28' east, 252)00north 800 29' east, 113 001, (9) south 720 1, (11) south 800 40' (10) south 700 07' east, 223 001, east, east, 224 73' to the northeast 8co near of and said 2Fullert tract, and the northwest corner of a tract described in a deed from H B Bly, trustee to Charlcie H Townson dated January 13, 1986 and recorded in Vol 1801, Page 202 of the D R D C T for corner, THENCE easterly continuing along the centerline of said Elm Fork same being the north boundary line of said Townson tract, and the south boundary line of said Venable Tract 3, the following 9 courses and distances, (1) north 150 55' 30" east, 96 241 (2) north 320 46' 30" east, 187 101, (3) north 339 31 east, 141 401P (4) north 810 47' 10" east, (S) north 790 40' 10" east, 134 201, (6) south 810 47' 10" east 339 30'9 (7) north 790 40' 10" east, 134 2' 40 1 east,l 226 0' to0" the east 363 herly ' northwest) conorth rner of 0 sa45, id Townson tract, and the southwest corner of a tract described in a deed from L A Beaty to 0 0 Beaty dated February 18, 1950 and recorded in Vol 357 Page 606 of the D R D C T for corner, rlela Notes Page 4 THENCE northerly continuing along the centerline of said Elm Fork same being the east boundary line of said Venable Tract 06, and the west boundary 1 ne of said Beaty tract, passing the northeast corner of said Venable Tract 3, and the southeast corner of a tract described in a deed to Perman 0 Smith from Charlie May Maddin dated May 6, 1955 and recorded in Vol 409, Page 452 of the D R D C T to the northwest corner of said Beaty tract, and the southwest corner of a tract described in a deed from Daniel M Mahoney Realtors, Inc to D M Mahoney/0 S Royalty Joint Venture dated January 30, 1981 and recorded in Vol 1058, Page 603 of the D R D C T for corner, THENCE northerly continuing along the centerline of said Elm Fork same being the west boundary line of said Mahoney tract, and the east boundary line of said Smith tract, the following 9 courses and distances, (1) north 490 23' 55" west, 82 98' west, no 243 400 09' 15" west, 149 19 (3) north 400 10' 02" ) north S northeast corner ofsaidSmithotrac 8t, and thessoutheastncorner passi the of Tract 1 described in a deed from John W Porter to Eagle Farms, Inc dated July 19, 1979 and recorded in Vol 963, Page 734 of the D R D C T and continuing for a total distance of 162 39' (5) north 140 34' 26" east, 150 481 , (6) north 270 58' 18" east, 200 41 (7) north 880 47' 59" east, 525 12', and (8) north 610 071 ~ 13" east, 254 67', and (9) north 336 13' 54" east, 312 03' to a point lying 434 43' south of the northwest corner of said Mahoney tract for the Point of Termination 2057a