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1980-001ORDINANCE NO p 0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DISANNEXING CERTAIN PORTIONS OF LAND AS A PART OF THE CITY OF DENTON, AND DECLARING AN EFFECTIVE DATE WHEREAS, it has been proposed to the City Council of the City of Denison, Texas, that it is desirable and to the best interest of the City of Denton, Texas, that the property described herein be disannexed as a part of said City, and WHEREAS, the City of Denton has not been able to and does not foresee being able to provide governmental and proprietary services to the property within the next three years which is substantially equivalent to the standard of governmental and proprietary services furnished by the City to other areas similar in topography, patterns of land utilization, and population density of the property, and WHEREAS, it appears that the majority of the owners of the land more particularly described below are desirous of being disannexed from the City of Denton, Texas, TRACT ONE All that certain lot, tract or parcel of land lying an being situated in the City and County of Denton, State of Texas, and being part of the J Severe Survey, Abstract No 1164 and being part of a tract of land, designated "Third Tract", as conveyed by Don B McClurkan, et ux to V D Burch by deed dated March 16, 1932 and recorded in Volume 239, Page 191 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at a point in the north boundary line of said Burch Tract, !said point of beginning also being the intersection of the north boundary line of said J Severe Survey and the east right of way line of U S Highway 377, THENCE southwesterly, along the east right of way line of U S Highway 377 a distance of 274 7 feet, more or less, to a point for a corner in the south boundary line of said Burch Tract, THENCE east along the south boundary line of said Burch Tract a distance of 535.6 feet, more or less, to a point for a corner in the existing Denton City Limits line as established by ordinance No 69-40, said point being 500 0 feet southeast of and perpendicular to the centerline of U S Highway 377, THENCE northeasterly, along the existing Denton City Limits line, 500 0 feet southeast of and parallel to the centerline of U S Highwayy 377, a distance of 274 7 feet, more or less, to a point for a corner in the north boundary line of said Burch Tract, THENCEIwest along the north boundary line of said Burch Tract a distance of 535 6 feet, more or less, to the place of beginning and containing 2 5 acres of land, more or less TRACT ~ O All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the W Roark Survey, Abstract No 1087 and being part of a tract of land, designated "Second Tract", as conveyed by Don B McClurkan, et ux to V D Burch by deed dated March 16, 1932 and recorded in Volume 239, Page 191 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at a point in the south boundary line of said Burch Tract said point of beginning also being the intersection of the south boundary line of the W Roark Survey and the east right of way line of U S Highway 377, THENCE northeasterly along the east right of way line of U S Highway 377, a distance of 1,416 6 feet, more or less, to a point for a corner in the north boundary line of said Burch Tract, THENCE east along the north boundary line of said Burch Tract a distance of 769 0 feet, more or less, to a point for a corner in the existing Denton City Limits line as established by Ordinance No 65-43, said point being 660 0 feet southeast of and perpendicular to the centerline of U S Highway 377, THENCE southwesterly along the existing Denton City Limits lines 660 0 feet southeast of and parallel to the centerline of U S Highway 377 a distance of 1,416 6 feet, more or less, to a point for a corner in the south boundary line of said Burch Tract, THENCE west along the south boundary line of said Burch Tract a distance of 769 0 feet, more or less, to the place of beginning and containing 18 2 acres of land, more or less TRACT THREE All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the W Roark Survey, Abstract No 1087 and being part of a tract of land as conveyed from Richard F Dolgener, et al to V D Burch by deed dated September 7, 1940 and recorded in Volume 288, Page 137 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the southeast corner of said Burch Tract said point of beginning lying in the south boundary line of said W Roark Survey and also being the intersection of the south boundary line of said Roark Survey and the west right of way line of the Texas and Pacific Railroad, THENCE west along the south boundary line of said Burch Tract same being the south boundary line of said W Roark Survey a distance of 343 5 feet, more or less, to a point for a corner in the existing Denton City Limits line as established by Ordinance No 69-43, said point being 500 0 feet northwest of and perpendicular to the centerline of U S Highway 377, THENCE northeasterly along the existing Denton City Limits line 500 0 feet northwest of and parallel to the centerline of U S Highway 377, to a point for a corner in the north boundary line of said Burch Tract, same being the center of the channel of Hickory Creek, THENCE southeasterly along the north boundary line of said Burch Tract same being the center of the channel of Hickory Creek to a point for a corner at the intersection of the north boundary line of said Burch Tract and the west right of way line of the Texas and Pacific Railroad, THENCE southwesterly along the west right of way line of said Texas and Pacific Railroad to the place of beginning and containing 42 9 acres of land, more or less Pa i NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I (1) That the matters and facts recited herein in the preamble of this ordinance are hereby found and determined to be true and correct (2) That, pursuant to Articles 970a and 1175(2), Vernon's Texas Civil Statutes, the above described property is hereby discontinued as a part of the City of Denton, Texas (3) That the City Secretary is hereby authorized and directed to enter this Ordinance on the minutes and records of the City of Denton, Texas, to the effect that said property is disannexed as a part of the City of Denton, Texas, and after the entry of this ordinance the said property shall cease to be a part of the City of Denton, Texas SECTION II That this ordinance shall become effective immediately after its passage and approval PASSED AND APPROVED this the 8th day of January, A D 1980 0 ~ L NA H, AYOR CITY OF DENTON, TEXAS ATTES OKS HOLT, CITY SECRETARY ITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY, CITY OF DENTON, TEXAS BY "