2016-232S:\Legal\Our Documents\Ordinances\16\2016 Nunc Pro Tunc Ordinances\Hanska and Minhinnett\Nunc Pro Tunc of PAA1 Ord annexing Hanska
and Minhinnett.doc
WHEREAS, on May 4, 2010, the City Council adopted Ordinance No. 2010-117, which
annexed to the City of Denton; Texas approximately 199 acres of land in a land -area consisting of
approximately 1,171 acres and generally identified as "PAA 1 as legally described. in Exhibit "A"
and depicted in Exhibit "B"; and
WHEREAS, the City has recently discovered that two parcels of land were inadvertently
annexed to the City as part of PAA1; and
WHEREAS, the parcels of land, as legally described in Section 2, were eligible for non -
annexation agreements before PAA1 was annexed, because the parcels had valid agricultural land
exemptions for ad valorem tax purposes; and
WHEREAS, due to an inadvertent clerical error, the owners of the parcels were not offered
non -annexation agreements covering the parcels; and
WHEREAS, thus the parcels were inadvertently annexed into the City via Ordinance No.
2010-117; 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 PAA1 that were actually intended to be annexed by the City
Council when approving Ordinance No. 2010-117; and
WHEREAS, Ordinance No. 2010-040, which ordinance adopted all the non -annexation
agreements within PAA1, is also being corrected via ordinance, nuns 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;
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. 2010-117 is hereby amended to the limited extent necessary to
correct an inadvertent mistake in the annexation of the two parcels, legally described as follows:
Being a 10.00 acre tract of land situated in the A. Miller Survey, Abstract Number 887,
Denton County, Texas and being a part of the called 692.97 acre tract described in the deed
from Bank One, Texas to John W. Porter et al, recorded in Volume 3 07 1, Page 149 of the Real
Property Records of Denton County, Texas, and being commonly known as DCAD Property
ID No. 173428
Being all that certain lot, tract or parcel•of land situated in the Gibson Myers Survey, Abstract
No. 843 in Denton County, Texas. Being all that certain tract of land conveyed by Deed from
Eagle Farms, Inc. and John Porter Auto Sales, Inc. to E. Barney Futch and wife, Traci Furth,
recorded under Clerk's File Number 94-R046179, Real Property Records, Denton County,
Texas, and consisting of 15.013 acres more or less, and being commonly known as DCAD
Property ID No. 173420.
By including them to the list of parcels subject to non -annexation agreements as described in Exhibit
"C" of Ordinance No. 2010-117.
SECTION 3. All other provisions of Ordinance No. 2010-117 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. 2010-117, to the extent of any such
conflict.
SECTION 4. This Ordinance shall take effect immediately on its passage and approval.
PASSED AND APPROVED this the (P day of Lk 2016.
" . ...... .....
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ANITA BUI�,QESS, CITY ATTORNEY
BY:
Exhibit "A"
Annexation Tract PAA1 (Page 1 of 2)
BEGINNING at point at the northwest corner of tract described in Ordinance 2006-205,
and further described in said Ordinance as a 1/2 inch pin in the Center of Tom Cole Road
(east -west road) and C_ Wbife Road from the south;
THENCE South 880 55' 44" East, along the present Denton city limit line as established
by Ordinance 2006-205 and being the northerly line of the tract described in Ordinance
2006-205, a distance of 4,685.36 feet, generally with center of said Tom Cole Road to an
"x" cut in a concrete bridge;
THENCE continuing along the northerly line of the property described in Ordinance
2006-205, and further described in said Ordinance as North 89° 43' 13" East, a distance
of 2,591.29 feet, generally with the center of said Tom Cole Road, to a point described in
Ordinance 2006-205 as a 3/4 inch iron pin set at the northeast corner of the property
described in Ordinance 2006-205, said point also being described in Ordinance 69-40
(Tract 1) as the southeast corner of the David Davis Survey, Abstract 356;
THENCE northerly along the easterly line of the said David Davis Survey, said line also
being the westerly line of the Wm. Wilburn Survey, Abstract 1419, along the present
Denton city limit line as established by Ordinance 1969-40 (Tract 1) a distance as
described in Ordinance 69-40 as 2,642 feet to a point being the northeast corner of the
said David Davis Survey;
THENCE westerly, along the present Denton city limit line as established by Ordinance
1969-40 (Tract 1) along the northerly line of the said David Davis Survey and described
in Ordinance 69-40 as a distance of 341 feet to a point for corner, said point described in
Ordinance 69-40 (Tract 1) as the southwest corner of the said Wm. Wilburn Survey;
THENCE northerly along the present Denton city limit line as established by Ordinance
196940 (Tract 1) and along the westerly line of the said Wm. Wilburn Survey a distance
of 1,853 feet to a point described in Ordinance 69-40 as the southeast corner of the M.H.
Davis Survey, Abstract Number 377, and also described as the northeast corner of a tract
of land conveyed to Malcolm M. Long by deed recorded in Volume 389, Page 389 of the
Deed Records of Denton County, Texas, said point also being the southeast corner of an
City of Denton annexation tract established and described by Ordinance 1983-90;
THENCE South 89° 28' 15" West, along the present Denton city limit line as established
by Ordinance 1983-90 a distance of 2,359.92 feet (as described in Ordinance 83-90) to a
point for a corner;
THENCE North 00° 05' 54" West, along the present Denton city limit line as established
by Ordinance 1983-90, a distance of 600.48 feet (as described in Ordinance 83-90) to a
point for a corner;
Annexation Tract PAM (Page 2 of 2)
THENCE West, along the present Denton city limit line as established by Ordinance
1983-90, a distance of 675.60 feet (as described in Ordinance 83-90) to a point for a
corner lying in the le of Hickory Creek;
THENCE North, along the present Denton city limit line as established by Ordinance
1983-90, and along the middle of Hickory Creek with its meanders to the center of Jim
Christal Road (as described in Ordinance 83-90) to a point for a corner, said point also
lying on the south line of a City of Denton annexation tract established and described by
Ordinance 1986-48;
THENCE North 89° 55' 00" West with said Jim Christal Road, along the present Denton
city limit line as established by Ordinance 1886-48, also being the southerly line of the
E.A. Orr Survey, Abstract Number 983, a distance of 3,435 feet to a point for a corner,
said point being the southwest corner of said Ordinance 1986-48 annexation tract;
THENCE South a distance of 30 feet to a point in the south right-of-way line of Jim
Christal Road;
THENCE West, along the south right-of-way line of Jim Christal Road a distance of 475
feet to a point for comer, said point being the intersection of the south right-of-way of
Jim Christal Road and the east right-of-way line of C. Wolfe Road;
THENCE in a southerly direction, along courses and distances of the easterly implied
right-of-way line of C. Wolfe Road, a total distance of 7,875 to a point for comer, said
point being the intersection of the east right-of-way line of C. Wolfe Road and the north
right-of-way line of Tom Cole Road;
THENCE East, along the north right-of-way line of Tom Cole Road a distance of 500
feet to a point for corner;
THENCE South, crossing Tom Cole Road midway, a distance of 25 feet to the POINT
OF BEGINNING and containing 1,152 acres of land.
Exhibit "B"
Mr=EwE I
City of Denton, Texas II.N,C.O LS
N
PAM - 1,158 Acres M4,
4211111
r--I_f --- Feet
0 500 1,000 2.000 3,000