2006-362
S:\Our Documents\Ordinances\06\Krum Boundary Amendment Agrccment.doc
ORDINANCE NO, )()Oh- 362-
AN ORDINANCE APPROVING AN AMENDMENT TO A BOUNDARY ADJUSTMENT
AGREEMENT DATED SEPTEMBER 4,2001, BETWEEN THE CITY OF DENTON AND
THE CITY OF KRUM; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, as authorized by Ordinance 2001-318, the City of Denton and the City of
Krum entered into that certain Boundary Adjustment Agreement to establish a future mutual
boundary and to release extraterritorial jurisdiction rights to each other; and
WHEREAS, the City of Krum and the City of Denton desire to amend the future mutual
boundary as set forth in that certain Boundary Adjustment Agreement attached hereto and made
a part hereof as Exhibit "A" (the "Agreement"); and
WHEREAS, the City Council finds that the Agreement and the adjustment to the future
mutual boundary is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble ofthis ordinance are
incorporated herein by reference,
SECTION 2, The City Council of th~ City of Denton hereby approves the Agreement
and authorizes the Mayor, or her designee to enter into the Agreement on behalf of the City of
Denton,
SECTION 3, This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~y of ~c.vnbe. f ,2006,
. t[.4'if'f/J?m r1J
, PERR , McNEILL, MAYOR
ATTEST:
1
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO
EDWIN M, SNY
BY:
Exhibit A
BOUNDARY ADJUSTMENT AGREEMENT
TillS AGREEMENT is made and entered into by and between the CITY OF
DENTON, TEXAS, hereinafter referred to as "Denton", and the CITY OF KRUM, TEXAS,
hereinafter referred to as "Krum".
WHEREAS, Denton and Krum previously entered into that certain. Boundary
Adjustment Agreement dated September 4,2001 which established Denton's and Krum's future
mutual boundary; and
WHEREAS, Denton and Krum desire to adjust the future mutual boundary pursuant to
this Agreement; and
WHEREAS, the governing bodies of Denton and Krnm fmd that the adjusted future
mutual boundary is in the public interest.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises expressed herein, Denton and Krum agree as follows:
SECTION I.
Future Mutual Boundary
Denton and Krum hereby agree that thcir Future Mutual Boundary shall be as described
in Exhibit "A" and depicted in Exhibit "B" both of which are attached hereto and made a part
hereof by reference. In this regard each waives, releases and relinquishes its extraterritorial
jurisdiction ("ETJ") rights to the other with respect to the side of the Future Mutual Boundary
that is located in the other city's future territory as described and depicted on Exhibit "A" and
"B". It is expressly agreed that this waiver and release shall only operate in favor of Denton and
S:\Our Documents\Contracts\06\Krum boundary adjustment.doc
Page I
Krum, and shall not constitute a waiver or release of any right, including ETJ rights, which
Denton or Krum may be able to assert against another municipality.
SECTION II.
Severability
Should any provision of this Agreement be declared void by a court of competent
jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
SECTION III.
Approval bv Governine Bodies
Denton and Krum represent to each other that their respective governing bodies have
approved this Agreement by ordinance or resolution as set forth below.
SIGNED"'"/~Y'f ~
CITY OF DENTON, TEXAS
B~:~t2nt fn~
PE R. McNEILL, MAYOR
,200?-
ATTEST:
EDWIN M. S
---....
TIORNEY
BY:
APPROVED BY
ON ORDINANCE No.c2t06 - 230 f)....
S:\OUT Documents\Contr.lcts\06\Krum bOWldary adjustment.doc
Page 2
CITYOFKRUM, TEXAS
BY:
MAYOR
-,,'
:~STq(~~
CITY SECRETARY
APPROVED AS TO FO
BY: L "c:.---<
APPROVED BYKRUMRESOLUTIONNO, 06-01-R
S:\OUT Documents\Contracts\06\Krum boundary adjustmentdoc
Page 3
Exhibit A
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'7', rthur Surveying Co" lnc.
f ProJessiona..l Laud Surveyors
P,O, Bux 54 -, l....cwiflvillc. TC.xas 751j<>7
001(:(,: (972) 221-9419 Fw,; (972) 221.4075
EXHIBIT
Cit}, of Krum, Texas & City Hf Denton
Mutual Boundary Line
BEGINNING at the ultcrscction of the southeasterly right--of-way offarnHo~I\1arket 156 and the current
III mile City of Knun cXlratcrrilOrialjurisdiction line as estahlished by statutes;
THENCE NorthcilstcrJy along the sOlltheast line of said EM. 156. approxin11ltcly 1,649 feet to a point for
corner:
THENCE South, Ica\ing the southeasterly riglll-ojCway of F.M. 1 56, and crossing the Atchison, Topeka
and SanL:1 Fc Railway Company righl-of~way and continuing along said course passing HIe common north
cornCr of those certain tracts of land described in deed to Weldon Trictsch (Volume 690, Page 710) and
Barthold Family Revocable Living Trust (Volume 5116, P,lgC 3549) and continuing along said course a
distance of 2JJS.4 7 recllo a point in the common line thereof;
THENCE E:lst, along the nortlllinc of Ganzer Road and passing through that certain tnlet of land
dcsclibed as Tmct 2, in decd to Susan Carol Dodd (96-R0006031), a distancc of j ,987.92 feel;
THENCE South, passing the south line of said Bal1holdFamHy Revocable Living Trust, and the common
north corners of that certain tract of land described :IS Tract 1, in said deed to Susan Carol Dodd (96.
ROOO(031), and that certain tmet o!'land dcscrihed in deed to jane Barthold Trcyino (96-R0006032). and
continuing along the common line thereof a distance of 3,03 1.54 Jeef to their common south comers:
TIJENCE East, aJollg the south line of said Jane Barthold Trevino lract, :1 distance of 424,93 fect to a point
in the west line of that certain tract of land described in deed to B. B. Hopkins (Volume 654, Page 631);
TIlENCE South along the west line of said B. H. Hopkins tract, a dis1ance of 1, 186.90 leet to a poim in the
north line of that ccrtaiulracr ofland described in deed to Don::ild E. Green (Volume 4665, Page 744):
THENCE \Vcsi. along the north line of s;,;tid Donald E. Green Iract and the south line ofth:u cert~liIl tract of
land described in deed to Lena L Erickson (Volumc 654, page 645), a distanee of 679. 94 feet to the
common north comcr of the aforementioned Donald E. Green tract and that ccrtlin tract of land described
ill deed to Krum Development L.P. (lnst. No. 2005-76312):
THENCE South, along the weSf line of said Donald E. Green trJct, a distance of] .758.07 feet to a point at
the southeast comer of that certain tract of hmd described in deed to Herman H. Hopkins, recorded in
Volume 654, Page 633 ofthc Deed Rl'Cords of Denton County. Texas, and being a point in the Existing
Mutual Boundary Line between the City of Denton and the City ofKmm as described in City of Denton
Ordinance No. 2001-3IX;
TIU:NCE along the aforementioned Existing Mutual BOUJldary Lint: the following nine (9) calls:
South, a distance of 2,506<31 feel to a point for corner, said point being in the nmth line
of Fann to Market (F.vl) I 173:
South X9 degrees 40 minmcs 20 seconds East, along the north line of said Fm 1173, a
distance 01'780.00 feet fo a poilU {or corner;
South 00 degrees 2S minutes 19 seconds West, a distance of 90.00 feet to a point in and
near the center if Masch Branch Road, ilnd being in the south Itne of said FM 1173:
C:'City ofDenlQf1 20li6\Cjty d Krum - ETJ\l)ocs\I)C11l011"hJUlll.doc
lOJ5i2006 kW Pt..-l .
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/\ rth~r Surveying Co., Inc.
.P..rofeSSLO-'_lEJ11.-.71.ld Surveyors
1'.U. Box 54 -'I.,,~wiliv;J[c. Texus750(,7
Ol1i.:c: (972) 221 ~'i^13~) ^~ Fu,; (')72) 221_lt;75
Nort.h 89 degrees 44 minutes 51 seconds E1St, nlong the south line of &'1id FM 1173. a
distance of 441.47 feel to the nonheast corner of Lot 27 of Little Brook Estates, Unit No.
2 (Volume 3, P"ge 5):
South 00 degrees 09 minutes 0 I seconds East along the cast line of said Lot 27, a distance
of 745.53 feel to a poillt at the northC'Jst corner ofth..11 certain tmet of land described in
deed to Denton Baptist Association. recorded in Volume 2660, page 583 of the Real
Property Records of Denton County, Texas;
SOllth 00 degrees 16 minutes 13 seconds East along the cast line OfS:lid Lot 27, a
distance of 520.80 fccl to a point for corner;
Nonh 89 degrees 53 minutes 33 seconds West, wilhthe south line of said Lot 27 and
passing the southv;cSI corner thereof and continuing along said course a total dislance of
443.50 fect to a point in and near the center of said M:lsch Branch Road~
South 00 degrees 25 minntes 1.9 seconds West, \vJIIl the center of said J\lasch Branch
Road. a dislHIlCC of 1,396.00 feet 10 a point for comer:
\Vest, passing at a distance of 2,532.00 feet, the point at which the said Existing MllluaI
Boundary Line terminates, and continuing along said course a total distancc of 2,807.47
fect to the common corner of those cennln tracts of land described in deeds to \Veldon
Leo Bell (Volume 1282. Page 50) and Warren E. Strate (Volnme 1805, Page 716);
THENCE South, along the common line of said Weldon Leo Bell and Warren E. SmIte tracts, passing the
sOllth comer thL'Tcof, being the nonl} comer of ulOse certain tract of land described in deed to Donnld E.
Stewart (Volumc 1101, Page 473) and Michael J. B.lyer (Volume 1165, Page 513) and continuing along
said course a tOCll distance of936.67 feet to a point in the nonl1 line of that cCrU1in trAct of land described in
deed to Kenneth Keese (Volullle U79, Page 195):
THKNCf.: Wcst, along the north line of s;lid Kellneth Keese !racL a disl7mce of 448.09 feet to a poiJIt at the
nonlnvesl corner thereof, being in the cast line of that certain lract ofkmd described in deed 10 Kenneth
Keesc (Volume 849, Page 796);
THENCE South, along the cast line of the .lforcmcmioncd Kenneth Keese tract, n distance of 657.73 fCCl
to 3 point at thc southeast corner thercof~
TIIENCE \Vest, the south Ijne of the aforementioned Kennell. Keese tract passing the soutlH\'cst corner
lhercofbeing the southC:lst comer of Hill view Est:ltcs (Cabinet E, Page 294), and continuing along the
south line thereof, a total dist:lIlce of I, ItJ8.(N feci 10 a point a the soutlnvcst comer lhereofand being in the
castlinc of thai cCrlain rCOl.1jning tmet of l:md described in deed to James T. Addington, recorded in
Volume 6]], Page 296 ofille Deed Records of Denton County, Texas;
TlrENCJl~ Nonlt along lhe ca~1line of the Addington remainder, a disttUlCC of 1.306.77 feel to a point in
the Vt'csllinc ofthal ccrtain tract of land described ill deed to Michael Tenny, recorded in Volume 4872,
Page 1] 89 of the Real Property Records of Denlon County, Texas;
TIIENCE \Vest, oyer, across and through said Addington remainder, a distance of 1,456.14 feet to a point
in the west line thercof;
TnE:NC~: South, along the wcst line of said Addington remainder, a distance of 1,196.47 feet to il point at
illC northeast corner ofd);}t cermin tract of land described in deed to \Valter P. Johnson, recorded in Volume
C~\Cily o/'Dcntoll 2006\City (If Krum - ET.I\Du.:.:s\Dc1'll"n-Krum.do..:
lOIS/2006 3:59 P.M
20f3
;1>.
i\ rthur Surveying Co., Inc.
, .Profess.ioLutl .Land Surveyors
P.O. Uox $,1 -. J....:wj~;vilJe. 'J'c:-;-us 75067
Offi~lll: (972) 22 1 wl)439 -_ FII':. (972)221...1/:;75
5431, Page 3396 aCtlle Real Property Records of Denton CoufIly. Texas~
'['ilENe}: \Vest, along the north line of said Johnson tract, and continuing along the north line of that
certaiu tract oflaIld described in deed to Vicki D. WhitIncr, recorded under County Clerk's File No. 94-
R0094720 of the Real Property Records of Denton County, Texas, and continuing along the north line of
that certain t.ract of land described ill deed to Daniel R11)' McCnl\v, recorded under County Clerk's File No.
94-ROOO7l27 oC the Renl Property Records of Demon County, Texns. and continuing along the north line
of that certain tract of land described in deed to Russell Mmk Sales, recorded under County Clerk's File
No. 93-R00030700 of the Reill Property Records of Denton County. Texas, and continuing nlong the north
line of that cCl1tlin tmet of llUtd described in deed to Hopkins Family Tmst, recorded under Instnullcnt No.
2004-150227 oC the Real Property Records of Denton County, Tcxns. and continuing along snid course
oyer, across nnd through llk11 certain tract of land deseriltcd in deed to Gary D. Neilson, recorded wldcr
County Clerk's File No. 95-R0026933 of the Real Propeny Records of Denton COllnty, Texas. a tOlJll
distance of 4,376,73 feet to a point in the C<l"t llne of said F.l\-1. 156;
THENCE North~lstCrly along tile cast line of saidF,M. 156, approximately 397 feet to dIe intersection of
the aforementioned east line and the current 1/2 mile City ofKnull cxtrntclTitorialjurisdiction line as
estnltlished SlJltutcs.
This documellt was preparc,l ullder 22 T A C .~'663. 21, does not reflect the
results of all Oil Ihe grolllld sllrv~)', and is nol to be used to cOlIl'ey or establish
illterest ill rcal property except those rights alUl interest implied or e~tablished
by the creation or reconfiguration 'if'he boandary oflhe political subdivisioll
for which it was preparerl
C:\City nf D~'nlon 1006lCity ofKrum . ET.1\Dncs\Denioll-Krum,dnc
10/5/20063:59 PM
30f3
Exhibit B
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II / ,,,-,' ~ DENTON LOSES 65 ACRES]
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DENTON LOSES 20 ACRES I i I [Tl ,~
, I " ' II Ii " I \ DENTON GAINS 71 ACRES 1
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net loss of 0 acres
Existing ET J Boundary Line
- . Proposed ET J Boundary Line
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