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2005-338 ORDINANCE NO. 2005-33b AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WITHDRAWING ANNEXATION CASE NO. A05-000I AND ZONING CASE NO. Z05-0022 RELATING TO THE ANNEXATION AND ZONING OF APPROXIMATELY 244 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE EASTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED SOUTH OF MINGO ROAD AND BOTH SIDES OF COLLINS ROAD; BEING LOCATED IN THE M. FORREST SURVEY, ABSTRACT NUMBER 417 AND THE T. LIVING SURVEY, ABSTRACT NUMBER 729, DENTON COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has previously instituted annexation proceedings under Annexation Case No. A05-000I for approximately 244 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the City Council has previously initiated zoning of the Property in Zoning Case No. Z05-0022; and WHEREAS, the City Council finds that it is in the public interest to withdraw and dismiss the annexation and zoning proceedings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Annexation Case No. A05-000I and Zoning Case No. Z05-0022 are hereby withdrawn and dismissed. SECTION 3: This ordinance shall become effective immediately upon its passage and opp,"",1. sic ~ fI;::. PASSED AND APPROVED this the / ---- day of '#zI.trn ~005. 6' ~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, 1 BY: EXHIBIT" A" All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the M. Forrest Survey, Abstract Number 417 and the T. Living Survey, Abstract Number 729 and being more particularly described as follows: BEGINNING at a point being the northeast corner of the present city limits line as established by Ordinance No. 83-55; THENCE North 04 Degrees 42 Minutes 30 Seconds East across the Union Pacific Rail Road right-of-way to the north line of Mingo Road a distance of 165.2 feet more or less to a point for the northwest corner of the herein described tract of land; THENCE North 61 Degrees 22 Minutes East along the north line of said Mingo Road a distance of 1,616.6 feet to a point for a corner on the west line of Collins Road; THENCE IN A NORTHERLY DIRECTION ALONG THE WEST LINE OF SAID COLLINS ROAD A DISTANCE OF 1,320 FEET MORE OR LESS TO A POINT FOR A CORNER; THENCE East across said Collins Road a distance of 50 feet more or less to a point for a corner on the east line of said Collins Road, said point also being the northwest corner of a certain called 7.020 acre tract from Judith Ellen Stowe to Sandra Arlene Sinquefield recorded by County Clerks file number 2004-141614, Real Property Records, Denton County, Texas; THENCE South 86 Degrees 16 Minutes East along the north line of said 7.020 acre tract, a distance of 776.8 feet to a point for a corner, said point being a southwest corner of a certain called 72.8 acre tract from Bradley Stuart Chilton, Jr. to Ash Grove Texas LP recorded by County Clerk file number 2005-59553, Real Property Records, Denton County, Texas; THENCE North 01 Degrees 34 Minutes 08 Seconds East along a west line of said 72.8 acre tract, a distance of 277.4 feet to a point for a corner; THENCE South 88 Degrees 13 Minutes 48 Seconds East, a distance of 2,015.09 feet to a point for a corner; THENCE North 01 Degrees 39 Minutes 08 Seconds East, a distance of 1,214.12 feet to a point for a .comer; THENCE South 89 Degrees 04 Minutes 50 Seconds East, a distance of 200.69 feet to a point for a corner; THENCE South 40 Degrees 29 Minutes 32 Seconds East, a distance of 489.64 feet to a point for a corner; 2 THENCE South 55 Degrees 17 Minutes 31 Seconds East, a distance of 387.47 feet to a point for a corner; THENCE South 61 Degrees 53 Minutes 33 Seconds East, a distance of 438.27 feet to a point for a corner; THENCE South 65 Degrees 23 Minutes 14 Seconds East, a distance of 116 feet to a point for a corner; THENCE South 78 Degrees 59 Minutes 07 Seconds East, a distance of 46.23 feet to a point for a corner, said point also being the most easterly corner of said 72.8 acre tract; THENCE South 07 Degrees 03 Minutes 12 Seconds East across said Union Pacific Rail Road right-of-way a distance of 1,163.7 feet to a point for a corner; THENCE South 82 Degrees 56 Minutes 51 Seconds West, a distance of 1679.1 feet to a point for a corner, said point being the beginning of a curve to the left having a radius of 2,188.7 feet; THENCE along said curve to the left having an arc length of 694.7 feet and a chord bearing of South 74 Degrees 17 Minutes 34 Seconds West a distance of 691.8 feet to a point for a corner. THENCE South 64 Degrees 20 Minutes 20 Seconds West, a distance of 254.8 feet to a point for a corner; THENCE North 86 Degrees 37 Minutes West, a distance of 678.31 feet to a point for a corner, said point also being the northeast corner of a certain called 6.3894 acre tract from Billy Florey Collins to Robert Alexander Collins, recorded in Volume 1510 Page 508, Real Property Records, Denton County, Texas; THENCE South 01 Degrees 19 Minutes 07 Seconds West, along the east line of said 6.3894 acre tract a distance of 601.87 feet to a point for a corner, said point being the southeast corner of said 6.3894 acre tract and the northeast corner of a certain called 3 acre tract of land from Thomas Alexander Collins et ux to Carnelia Darlene Collins Moran, recorded in Volume 2233 Page 365, Real Property Records, Denton County, Texas; THENCE South 01 Degrees 12 Minutes 1.5 Seconds West, along the east line of said 3 acre tract a distance of 371.58 feet to a: point for a corner, said point also being the southeast corner of said 3 acre tract; THENCE South 88 Degrees 47 Minutes 45 Seconds West, along the south line of said 3 acre tract a distance of 351.69 feet to a point for a corner, said point also being the south west corner of said 3 acre tract and being on the east line of a certain called 19.629 acre tract from Michael Ben Collins to William Christopher Collins recorded in Volume 4766 Page 309, Real Property Records, Denton County, Texas; '3 THENCE South 01 Degrees 12 Minutes 15 Seconds West, along the east line of said 19.629 acre tract a distance of 389.07 feet to a point for a corner; THENCE South 87 Degrees 32 Minutes 25 Seconds West, a distance of 865.57 feet to a point for a corner on the east line of Collins Road; THENCE South 02 Degrees 36 Minutes 28 Seconds West, along the east line of said Collins Road a distance of 201.30 feet to a point for a corner; THENCE in a Southerly direction and along the east line of said Collins Road a distance of 1,086.53 feet more or less to a point for a corner on the east line of said Collins Road; THENCE in a Westerly direction across said Collins Road a distance of 50 feet more or less to a point for a corner on the west line of said Collins Road, said point also being the southeast corner of a certain called 10.632 acre tract from Walter F. Laney et ux to Walter F. Laney, Jr., recorded in Volume 1573 Page 888, Real Property Records, Denton County, Texas. THENCE North 87 Degrees 00 Minutes 01 Seconds West, along south line of said 10.632 acre tract a distance of 358.20 feet to a point for a corner, said point being the Northeast corner of a certain called 1 acre tract from R.T. Laney et ux to Floyd W. Meeker et ux, recorded in Volume 632 Page 511, Deed Records, Denton County, Texas; THENCE South 02 Degrees 10 Minutes West, along the east line of said 1 acre tract and across Fish Trap Road a distance of 359 feet more or less to a point for a corner on the south line of said Fish Trap Road; THENCE in a Westerly direction and along the south line of said Fish Trap Road a distance 1,076.37 feet more or less to a point for a corner; THENCE North 04 Degrees 42 Minutes 30 Seconds East, across said Fish Trap Road and passing at 30'more or less the centerline of said Fish Trap Road being the southeast corner of the present city limits line established by said Ordinance No. 83-55, a total distance of 1,933.2 feet to the POINT OF BEGINNING and containing approximately 244 acres of land more or less. 4 LOCA nON MAP 5