2016-230S:\Legal\Our Documents\Ordinances\16\2016 Nunc Pro Tunc Ordinances\Greathouse\Nunc Pro Tune of PAM Ord annexing Greathouse.doe
ORDINANCE•
•. ' •' '' • � , ♦ ,; � 1. • •; :• � i ♦ •' ', , ', � ' I
minim
WHEREAS, on June 16, 2015, the City Council adopted Ordinance No. 2015-189, which
annexed to the City of Denton, Texas approximately 4.29 acres of land in a land area generally
identified as "PAA4", as legally described in Exhibit "A" and depicted in Exhibit "B", and
WHEREAS, the City has recently discovered that one parcel of land was inadvertently
annexed to the City as part of PAA4; and
WHEREAS, the parcel of land, as legally described in Exhibit "C", was eligible for non -
annexation agreement before PAA4 was annexed, because the parcel had a valid agricultural land
exemption for ad valorem tax purposes; and
WHEREAS, due to an inadvertent clerical error, the owners of the parcel were not offered a
non -annexation agreement covering the parcel; and
WHEREAS, thus the parcel was inadvertently annexed into the City via Ordinance No. 2015-
189; and
WHEREAS, the property owners have requested that this inadvertent mistake be corrected
and that they be allowed to sign a non -annexation agreement to be adopted by the City Council; and
WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to
reflect only those properties within PAA4 that were actually intended to be annexed by the City
Council when approving Ordinance No. 2015-189; and
WHEREAS, Ordinance No. 2015-070, which ordinance adopted all the non -annexation
agreements within PAA4, is also being corrected via ordinance, nunc pro tune, to include the
property owners valid non -annexation agreement and to exclude the parcel retroactively from the
City limits and tax rolls; and
WHEREAS, the City Council finds that the action taken herein is in the public interest;
NOW, THEREFORE
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. 2015-189 is hereby amended to the limited extent necessary to
correct an inadvertent mistake in the annexation of the parcel, as legally described in Exhibit "C",
and as corrected, said parcels shall be excluded from the parcels within the area of land known as
PAA4, which as corrected shall remain as legally described and depicted in Exhibits "A" and "B".
SECTION 3. All other provisions of Ordinance No. 2015-189 not specifically amended
herein shall continue in force and effect; however, the provisions of this ordinance shall govern and
control over any conflicting provisions of Ordinance No. 2015-189, to the extent of any such
conflict.
SECTION 4. This Ordinance shall take effect immediately on its passage and approval,
PASSED AND APPROVED this theday of f\Lk� US-� 2016.
. . ......... ...vu_
CHIUS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:�—Lw.Q uaxz—
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
...... . . . . . .......
m-
o I
Annexation Tract PAM
BEGINNING at point in the present Denton city limit line as established by Ordinance
2008-137; said point being the northwest corner of the annexation tract described therein
and also lying on the ssuth,fi -way line of F.M, 3163 (Milam Road) 2008.137;
THENCE South 01 ° 08' 35" West continuing along the present Denton city limit line
established by Ordinance 2008-137 a distance of 2,996.05 feet to point for corner, .said
point being the southwest corner of the annexation tract described therein;
THENCE South 89°.10' 00" East continuing along the present Denton city limit line
established by Ordinance 2008-137 a distance of 2,457.02 feet to a point for corner, said
point being the most northerly southwest corner of a City of Denton annexation tract
established and described by Ordinance 2007-077 (Tract 1);
THENCE South 88° 54' 04" East continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 197.47 feet to a point for a
corner;
THENCE South 02° 28' 55" East continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 965.89 feet to a point for
corner;
THENCE South 01° 00' 33" East continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 539.43 feet to a. point for
corner;
THENCE South 000 04' 1.2" West continuing along,the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 2,649.30 feet to a point for
corner;
THENCE South 001 26' 12" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 668.18 feet to a point for
corner, said point being a southwest corner of said Ordinance 2007-077 (Tract 1)
annexation tract and lying on the north line of a City of Denton annexation tract
established by Ordinance 1985-151;
THENCE North 890 11' 35" West continuing along the present Denton city limit line
established by Ordinance 1985-151 a distance of 575 feet to a point for corner, said point
being the northwest corner of said Ordinance 1985-151 annexation tract and also being
the northeast corner of a City of Denton annexation tract established by Ordinance 2007-
077 (Tract 2);
Annexation Tract PAM
THENCE North 89' 32' 45" West continuing along the present Denton City limit line
established by Ordinance 2007-077 (Tract 2) a distance of 2,128.41 feet to a point for
corner;
THENCE South 000 03' 28" West continuing along the present Denton city limit line
established by Ordinance 2007077 (Tract 2) a distance of 26.07 feet to a point for a
comer;
THENCE North 891 32' 32" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 972.02 feet to a point for a
corner;
THENCE South 0 V 35' 23" West continuing along the present Denton city limit line
established by Ordinance 2007-017 (Tract 2) a distance of 1,003.38 feet to a point for
corner;
"I'LIENCE South 01' 34' 05" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 932.20 feet to a point for
comer;
THENCE South 88' 29' 12" East continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 1,541.64 feet to a point for a
comer,
THENCE South 00' 56' 25" West continuing along the present Denton city firn't tine
established by Ordinance 2007-077 (Tract 2) a distance of 185.30 feet to a point for a
comer;
I
ITTENCE South 88' 09' 02" East continuing along the present Denton city limit lute
iIC
established by Ordinance 2007-077 (Tract 2) a distance of 498.78 feet to'a Point 1701" a
corner, said point being a southeast corner of said Ordinance 2007-077 (Tract 2)
annexation tract and also lying on a west line of a City of Denton annexation tract
established by Ordinance 2002-257;
THENCE South 000 56' 33" West continuing along the present Denton city limit line
established by Ordinance 2002-257 a distance of 6 feet to a point for comer;
THENCE South 01' 06' 36" West continuing along the present Denton city unlit line
established by Ordinance 2002-257 a distance of 1,764.22 feet to a point for corner;
REE NCE North 88' 3 P 42" West continuing along the present Denton city limit line
established by Ordinance 2002-257 a distance o.f 624.97 feet to a point for comer;
Annexation Tract PAM
THENCE South 02" 02' 28" West ContiriLling along the present Denton city limit line
established by Ordinance 2002-257 a distance of 40 feet to a point for corner, said point
being the northwest corl)el- of a City of Denton annexation tract established by Ordinance
2007-077 (Tract 3);
TIIENCE South 001 23' 04" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 3) a distance of 1,765.70 feet to a point for
corner, said point being the southwest corner said 2007-077 (Tract 3) annexation tract
anti nd atso being on the cast right-of-way line of Bonnie Brae Road and being the northwest
corner of a City of Denton annexation tract established by Ordinance 1980-26;
'l"HEsNCE South 00' 12' 13" West continuing along t ' he present Denton city firnit line
established by Ordinance 1980-26 a distance of 450 feet to a point for corner, said point
being the northeast corner of a City of Denton annexation tract established by Ordinance
1982-4;
THENCE North 89' 04' 24" West continuing along the present Denton city limit line
established by Ordinance 1982-4 a distance of 1,791.93 feet to a poin't for corner;
THENCE North 58' 2P 24" West continuing along the present Denton city limit title
established by Ordinance 1982-4 a distance of 926 fe&t to a point for coiner, said point
being the southeast corner of a City of Denton annexation tract established by Ordinance
1986-6;
THENCE North 00' 25'-59" East continuing along the present Denton city limit line
established by Ordinance 1986-6.a distance of 1,845.44 feet to a point for comer;
THENCE North 000 22' 28" East continuing along the present Denton city limit line
established by Ordinance 1986-6 a distance of 506.6 feet to a point for comer;
THENCE South 890 27' 001, East continuing along the present Denton city limit line
established by Ordinance 1996-6 a distance of 1,033.4 feet to a point for corner;
1'1*,'NCE North 001 22' 27" East continuing along the present Denton city limit line
established by Ordinance 1986-6 a distance of 564.11 feet to a point for corner;
THENCE North 89' 31' 39" West COntiflUing along the present Denton city limit line
established by Ordinance 1986-6 a distance of 2,485.31 feet to a point for comer, said
point being the northwest corner of said Ordinance 1986-6 annexation tract and also
being the northeast corner of a City of Denton annexation tract established by Ordinance
1998-224;
Being Lot 17, Block A, of Milan Creek Ranch, Phase II, an addition to Denton County, Texas,
according to the plat thereof recorded in Cabinet 0, Page 385 of the Plat Records of Denton
County, Texas, together with Affidavit of Correction filed September 25, 1998 recorded in Volume
4183, Page 1609, Real Property Records of Denton County, Texas and being that certain lot, tract
or parcel of land described -in *-9t`Wmranty Deed with Vendor's Lien dated January 7, 2016,
Gregory Bachman aka Gregory Charles Bachman and Tiffany Bachman aka Tiffany Lynn
Bachman, to Ricky Von Greathouse and Amiee Greathouse, filed for record on January 8, 2016e
and recorded in Instrument Number 2016-2431 of the Real Property Records of Denton County,
Texas. Said lot being commonly known as DCAD Property ID no. 202617