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2001-318 FILE REFERENCE FORM 2001-318 FILE(S) Date Initials Amendment to Boundary Adjustment Agreement - Ordinance No. 2006-362 12/19/06 JR AN ORDINANCE APPROVING A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM WHICH RELEASES EXTRATERRITORIAL JURISDICTION IN CERTAIN REAL PROPERTY AND ESTABLISHES A FUTURE BOUNDARY BETWEEN THE TWO CITIES, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The Mayor, or her designee, is hereby authorized to execute a Boundary Adjustment Agreement between the Clty of Denton and the City of Krum m substantially the form of the Agreement which xs attached to and made a part of this ordinance for all purposes The City Council hereby finds that the Agreement ~s in the pubhc ~nterest SECTION 2 Th~s or&nance shall become effective ~mme&ately upon its passage and approval PASSED AND , PROVED th s the dayof ,2OOl ! EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BOUNDARY ADJUSTMENT AGREEMENT THIS AGREEMENT ~s made and entered ~nto by and between the CITY OF DENTON, TEXAS, hereinafter referred to as "Denton", and the CITY OF KRUM, TEXAS, hereinafter referred to as "Knm~" WHEREAS, Krum has heretofore annexed or ~ntends to annex certam real property into ~ts c~ty hm~ts that is w~thm Denton's extratcmtonal jurisdiction ("ETJ"), which property is particularly described m Exhibit "A" attached hereto and made a part hereof by reference and dcp~cted m Exhth~t "B" attached hereto and made a part hereof by reference (called the "Property"), and WHEREAS, Denton desires to release to Krum all of its rights in and to ~ts ETJ in thc Property and to consent to Krum's annexation of the Property, and WHEREAS, Denton and Krum desire to estabhsh a future mutual c~ty hm~t boundary between the two cities as more particularly described ~n Exhibit "C" attached hereto and made a part hereof by reference and depleted in Exhibit "D" attached hereto and made a part hereof by reference (called the "Future Mutual Boundary"), and WHEREAS, the governing bodies of Denton and Krum find that such Future Mutual Boundary is m the pubhe interest NOW, THEREFORE, for and in cons~deration of the mutual covenants, con&t~ons, and promises expressed hereto, Denton and Krum agree as follows SECTION I Release of ETJ Denton hereby releases and rehnqmshes all of 1ts ETJ rights m and to the Property to Krum and consents to Krum's annexation of the Property, whether or not such annexation has S \Our Documents\Con~acts\Ol\bounda~ adjustment Krum doc Page 1 occurred prior to the date of this agreement, consents to Krum's annexation of the Property It is expressly agreed that th~s wmver and release shall only operate in favor Krum, and shall not constitute a wmver or release of any nght, including ETJ rights, whmh Denton may be able to assert agaanst another munm~pahty In addition, lfKmm does not complete the annexation of the Property w~thm one year of the date of this Agreement this waiver and release shall be null and vmd and of no further force and effect SECTION II Future Mutual Boundary Denton and Kmm hereby agree that their Future Mutual Boundary shall be as described in Exhibit C and depicted ~n Exhibit D In this regard each wmves, releases and rehnqmshes its ETJ rights to the other w~th respect to the s~de of the Future Mutual Boundary that is located in the other city's future temtory as described and depicted on Exhibit C and D It ~s expressly agreed that th~s waiver and release shall only operate in favor of Denton and Krum, and shall not constitute a waiver or release of any nght, including ETJ rights, whmh Denton or Krum may be able to assert agmnst another mumclpahty SECTION III Severabthty Should any provision of th~s Agreement be declared void by a court of competent lunsdmt~on, the remmmng provisions ofth~s Agreement shall remmn ~n full fome and effect S \Our Documents\Contracts\01\boundary adjustment Krura doc Page 2 SECTION VII Approval by Governing Bodies Denton and Krum represent to each other that their respective governing bodies have approved th~s Agreement by ordinance or resolution as set forth below SIGNEDth,s ~/~ dayof ~/9~/~ ~ ,2001 CITY OF DENTON, TE~S E~E BROCK, MAYOR ATTEST JE~ER W~TERS, CITY SEC~T~Y ~PROVED AS TO FO~ CITY OF ~UM, TE~S MAYOR ATTEST CI~ SEC~T~Y S XOur Docum~Con~ac~X01~bounda~ adjustmmt-~m doc Page 3 S \Our Documen~\Conlracu\01\boundary adjustmen~-lqrum doc Page 4 ORDINANCE NO 2001-I1 AN ORDINANCE APPROVING A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF K_RUM AND THE CITY OF DENTON WHICH RELEASES EXTRATERRITORIAL JURISDICTION IN CERTAIN REAL PROPERTY AND ESTABLISHES A FUTURE BOUNDARY BETWEEN THE TWO CITITIE$, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF ICRUM, TEXAS HEREBY ORDAINS ~,.CoT[O.]5~ The Mayor, or bas designee, is hereby authorized to execute a Boundary AdJustment Agreement between the C~ty of Krum and the City of Denton m substantmlly the form of the Agreement which is attached to and made a part oftbas ordinance for all purposes The C~ty Counml hereby finds that the Agreement ~s m the pubhc interest ~ Tbas ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED tbas the ~r~ day of November, 2001 ATTEST CITY SECRETARY APPROVED AS TO LEGAL FORM Ordmallc¢ No 2001 0111 Page 1 T \COMMON\CLIENTS\CITY OF KRUM\OI~DINANCE NO 2001 0111 doc ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DENTON § Th~s ~nstrument was acknowledged before me ttusr/''' day of~2001, by EULINE BROCK, Mayor of the CITY OF DENTON, TEXAS, a home-role mumc~pal corporatmn, on behalf of smd mumc~pal corporation .... ' JA, II I~, I~,¢#NIp-II0" II N~{ary Pubhc m and for the My CommiSsion Exptres 1[ State of Texas Juno l?, 2008 STATE OF TEXAS § COUNTY OF DENTON § //~. ,Thls~s.tmmentwasacknowledgedbeforemethxs ~ ,dayof ~_et~ ,2001, by ,.~'/~v/.~J/~.t . Mayor of the CITY OF It;RUM, TEXAS, a general law ~n~c3pabty, oT~ehalf of smd mumc~pahty [ ~ ) Sram =fT=~,-~ State bf-'Yexas '~ ~"~ My Commi~ioll Expires July 26. 2005 S \Our Documents\Contracts\01 ~boundary ad.)uslm~t Y, rum doc ~ age 5 EXHIBIT A Tract 1 BEGINNING for the Northwest Comer of the tract being described herein at the Northwest Comer of the second mentioned Versteeg tract (most northerly tract) ~n the West hne of smd Survey ~n the m~ddle of Hopkins Road ~n the East hne of the existing Krum City L,m~ts hne, from wNch the most Easterly Northeast C~ty L~m~ts Comer bears North a d~stance of 528 feet more or less, THENCE South 89 Degrees 16 M~nutes 47 Seconds East w~th the North L~ne of smd Versteeg tract a d~stance of 889 69 feet to a capped ~ron rod found for the Northeast comer of smd Versteeg tract and the Northwest Comer of smd Estes tract, THENCE South 89 Degrees 18 M~nutes 28 Seconds East w~th the North L~ne thereof, generally along a fence a d~stance of 869 39 feet to a capped ~ron rod found for the Northeast Comer of smd Estes tract and the Northwest Comer of smd Fowler tract, THENCE South 89 Degrees 10 M~nutes 00 Seconds East w~th the North hne thereof along a fence a d~stance of 1225 79 feet to the Northeast Comer of smd Fowler tract tn Masch Branch Road, THENCE South w~th the West hne of smd Fowler tract ~n smd Road and passing the Southeast Comer of smd Fowler tract bmng in the North hne of Farm to Market H~ghway 1173 and continuing along smd course across smd h~ghway a total d~stance of 2596 31 feet to a comer on the South hne of smd H~ghway for the Southeast comer of the herein described tract, THENCE North 89 Degrees 45 M~nutes 07 Seconds West along smd H~ghway a d~stance of 1411 43 feet to the most Southerly Southwest Comer of the here~n described tract, THENCE North 01 Degrees 56 M~nutes 51 Seconds East recross~ng said H~ghway at 90 feet passing a ½" ~ron rod found for the most Southerly Southwest Comer of smd Estes tract on the North hne of smd H~ghway and cont~nmng along smd course, m all, a total d~stance of 370 02 feet to a fence comer post at an angle pmnt ~n the now Westerly hne of smd Estes tract, THENCE ~n a Northerly then Westerly d~rect~on with the most Southwesterly hne of smd Estes tract generally along a fence, the following 6 courses and distances, 1 North 00 Degrees 56 Minutes 45 Seconds West a d~stance of 56 64 feet to a ½" ~ron rod found, 2 North 15 Degrees 59 M~nutes 17 Seconds West a d~stance of 52 39 feet to a ½" iron rod found, 3 North 17 Degrees 25 Minutes 26 Seconds West a d~stance of 75 21 feet to a found p~pe, 4 South 76 Degrees 43 Minutes 00 Seconds West a d~stance of 212 02 feet to a found nml, EXHIBIT A 5 North 83 Degrees 08 Minutes 00 Seconds West a dtstance of 86 07 feet to a V2" iron rod found, 6 North 88 Degrees 58 Minutes 53 Seconds West a distance of 366 97 feet to a ½" ~ron rod found for he most Westerly Southwest comer of said Estes tract, THENCE North w~th the West hne thereof generally along a fence a d~stance of 702 93 feet to a ½" ~ron rod found for the Southeast Comer of smd Freeman tract, THENCE North 89 Degrees 16 Minutes 23 Seconds West with the South hne thereof a distance of 88 20 feet to the Southwest Comer of smd Freeman tract ~n the middle of smd Hopkins Road in the West hne of said survey, THENCE North 00 Degrees 02 Minutes 33 Seconds West In smd Road with the West line of smd Survey a d~stance of 1398 86 feet to the PLACE OF BEGINNING and enclosing 145 8 acres of land more or less Tract 2 FIELD NOTES to all that certain tract of land s~tuated ~n the J Haney Survey, Abstract Number 515, Denton County, Texas and being a survey of a called 150 acre tract described m the deed recorded under Clerk's File Number 94-R0089285, Real Property Records of satd county, the subject tract betng more parhcularly described as follows BEGINNING at a Metal Fence Comer Post ~n the South right-of-way off M 1173, same betng the Northeast comer of 117 92 acre tract described ~n the deed to Henry Beckman recorded tn Volume 4293, Page 1577, THENCE North 01 Degrees 00 Minutes 00 Seconds East a d~stance of 90 01 feet to a '/2" called ~ron rod set for the Northwest comer of the here~n described tract ~n the North right-of-way of satd highway, THENCE South 89 Degrees 40 Minutes 20 Seconds East a d~stance of 2424 feet to a capped iron rod set for the Northeast comer of the here~n described tract ~n the North right-of-way of said h~ghway, THENCE South 00 Degrees 25 Minutes 19 Seconds West a distance of 90 00 feet to a point in the m~ddle of Masch Branch Road for the Southeast comer of tract described herein, THENCE South 00 Degrees 25 M~nutes 19 Seconds West w~th the m~ddle of Masch Branch Road a distance of 2687 53 feet to a point ~n the center of smd road for the Southeast comer of herein described tract and the Northeast comer of a called 10 00 acre tract described tn the deed to Leshe R Peterson recorded ~n Volume 936, Page 804, Deed Records, Denton County, Texas, EXHIBIT A THENCE North 89 Degrees 16 Minutes 56 Seconds West with the North line of said I0 00 acre tract and the South line of said 150 acre tract passing at 25 39 feet at a Wood Fence Comer Post and cont~nmng along said course along or near a fence a total distance of 2452 58 feet to a Wood Fence Comer Post for the Southwest comer of the tract described herein and the Southeast comer of a tract described in the deed to Warren Edward Strate recorded under Clerk's File Number 98-R0033529 of said Real Property Records, THENCE North 01 Degrees 00 Minutes 00 Seconds East with the East line thereof passing at 594 21 feet a ½" capped ~ron rod found for the Southeast comer of said 117 92 acre tract and continuing on along said course along or near a fence a total distance of 2671 01 feet to the PLACE OF BEGINNING and enclosing I55 03 acres of land more or less Tract 3 FIELD NOTES to all that certain tract of land being a part of Tract 27 of Little Brook Estates Umt No 2 an addition in Denton County, Texas, according to the plat thereof recorded ~n Volume 3, Page 5 of the Plat Records of Denton County, Texas as recognized and occupied on the ground, the subject tract being more particularly described as follows, BEGINNING for the Northwest Corner of the tract being described herein at a concrete monument found for the Northwest Comer of said Tract 27 in the South right-of-way of F M Highway 1173 and the East hne of Masch Branch Road, THENCE North 89 Degrees 44 Minutes 51 Seconds East w~th the North line of said Tract 27 and the South line of said h~ghway, generally along a fence a distance of 416 47 feet to a ½" iron rod found for the Northeast Comer of said Tract 27, same being the Northwest Comer of said Tract 28, from whmh the remains of an old concrete monument was found lying nearby, THENCE South 00 Degrees 09 M~nutes 01 Seconds East with the East hne of smd Lot 27 a dmtance of 745 53 feet to a concrete monument found for the Northeast Comer of that certmn tract out of said Tract 27, described in the deed to Denton Baptist Assoc, recorded m Volume 2660, Page 583 of Real Property Records of Denton County, Texas, THENCE North 89 Degrees 47 minutes 08 Seconds West w~th the North hne of said Baptist tract, sevenng said Tract 27 a distance of 417 74 feet to a ½" iron rod found for the Northwest Comer of smd Baptist tract in the West line of smd Tract 27 and the East line of smd Masch Branch Road, THENCE North 00 Degrees 03 M~nutes 10 Seconds West with said East hne and the West line of smd Tract 27, generally along a fence occupying the East llne of said road a EXHIBIT A distance of 742 13 feet to the PLACE OF BEGINNiNG and, enclosing 7 122 acres of land Tract 4 FIELD NOTES to all that certmn tract of land mtuated ~n the J Haney Survey, Abstract Number 515, Denton County, Texas, and being the Southerly 5 acres of Tract 27, L~ttle Brook Estates, Umt 2, as shown ~n the plat thereof recorded ~n Volume 3, page 5 of the Plat Records and described xn the deed from Conrac Pullen et al to Tnmty Baptist Church of Denton recorded ~n Volume 1955, Page 613 of the Real Property Records of Denton County, Texas, the subject tract bemg more particularly described as follows BEGINNING for the Southwest comer of the tract bmng described herren at a concrete monument found at the Southwest comer of Tract 27 and the Northwest comer of Tract 36 ~n the East hne of Masch Branch Road as monumented, THENCE North 00 Degrees 10 M~nutes 36 Seconds West w~th the West hne of Tract 27 and the East hne of Masch Branch Road as monumented a d~stance of 520 65 feet to an ~ron rod set for the Northwest comer of the Tnmty Baptist Church Tract 1 2 feet West of a concrete monument THENCE South 89 Degrees 54 Minutes 46 Seconds East sevenng Tract 27 w~th the North hne of the Tnmty Baptist Church Tract a &stance 417 65 feet to a concrete monument found at the Northeast comer thereof m the East hne of Tract 27, THENCE South 00 Degrees 16 Minutes 13 Seconds East w~th the East line of Tract 27, a d~stanc¢ of 520 80 feet to a concrete monument found at the Southeast comer thereof ~n the North hne of Tract 36, THENCE North 89 Degrees 53 Minutes 33 Seconds West w~th the South hne of Tract 27 a distance of 418 50 feet to the PLACE OF BEGINNING and enclosing 4 998 acres of land EX ,IBIT B EXISTING ... -' CITY OF DENTON 3 5 MILE ETJ CITY OF KRUM ANNEXATION ORDINANCE 97-10 145 8 ACRES CITY OF KRUM EXISTING KRUM CITY OF KRUM PROPOSED ANNEXATION ANNEXATION 1/2 MILE ETJ ORDINANCE 00-08 AREA 4 988 155 03 ACRES ACRE & 7 122 I~ ACRE TRACTS ENT AREA 4000 0 4000 Feet G~S ENGINEERING DEPT I CITY OF DENTON,TX EXHIBIT C BEGINNING at a pmnt lying on the City ofKrum V~ mile extraterritorial jurisdiction line, as established of legal record, smd point lying 292 feet west of the northeast comer of a 145 8 acre tract annexed by the City of Krum by Ordinance Number 97-10, sald point being the BEGINNING of a Future Mutual Boundary line (FMB) between the City of Denton and the City of Krum, THENCE South 89 degrees 10 minutes 00 seconds East along the north line of said 145 8 acre annexation tract and along the smd FMB line a distance of 292 feet to a point for comer, smd pmnt lying in Masch Branch Road, THENCE South along the said FMB line and the most eastern line of said 145 8 acre axmexat~on tract a distance of 2,506 3I feet to a point for comer, said point lying on the north right-of-way hne off M Highway 1173, said point also lying on the north hne ora 155 03 acre tract annexed by the City of Krum by Ordinance Number 00-08, THENCE South 89 degrees 40 m~nutes 20 seconds East along the north right-of-way hne of smd F M Highway 1173 and along said FMB line, same being the north line of said 155 03 acre annexation tract &stance of 780 feet to a pmnt for comer, said point bmng the northeast comer of smd 155 03 acre annexation tract, THENCE South 00 degrees 25 minutes 19 seconds West along the east line of smd 155 03 acre annexation tract and the FMB line a distance of 90 feet to a point for comer, smd point lying m the middle of Masch Branch Road and being a point on the south right-of-way off M Highway 1173, THENCE North 89 degrees 44 minutes 51 seconds East along the south right-of-way of F M H~ghway 1173 and along the said FMB line a distance of 441 47 feet to a point for comer, smd point being the northeast comer of Tract 27 of Little Brook Estates Umt No 2, an addition m Denton County, Texas according to the plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, THENCE South 00 degrees 09 minutes 0I seconds East along the east line of said Lot 27 and the smd FMB line a distance of 745 53 feet to a point for comer, said point being the northeast comer of that certmn tract out of smd Tract 27, described ~n the deed to Denton Baptist Assoclat~on, recorded in Volume 2660, Page 583 of the Real Property Records of Denton County, Texas, THENCE South 00 degrees 16 minutes 13 seconds East along the east hne of said Lot 27 and the sa~d FMB line a d~stance of 520 80 feet to a point for comer, THENCE North 89 degrees 53 seconds 33 seconds West with the south line of said Tract 27 most of the way and the said FMB line a distance of 443 50 feet to a point for comer, smd point lying in the m~ddle of Masch Branch Road, said point also lying on the east line of smd 155 03 acre tract annexed by the City of Krum by Ordinance Number 00-08, EXHIBIT C THENCE South 00 degrees 25 m~nutes 19 seconds West w~th the m~ddle of Masch Branch Road, along the east line of said 155 03 acre annexation tract and the smd FMB hne a distance of 1,396 feet to a pmnt for comer, smd point being the southeast comer of smd 155 03 acre annexation tract, THENCE North 01 degrees 00 minutes 00 seconds West along the south hne ofsa~d 155 03 acre annexation tract most of the way and the smd FMB hne a d~stance of 2,532 feet to the ENDING of the smd FMB, smd point lying on the C~ty ofKrum ½ male extratemtonal junsd~ctlon hne, as estabhshed of legal record, THENCE m~tmlly progressing southwesterly along smd C~ty of Krum ½ m~le extratemtonal junsdmt~on line, as estabhshed of legal record, and cont~nmng ~n a mrcumamb~ent manner along smd City ofKrum ½ m~le extratemtonal jurisdiction hne, as established of legal record, to the POINT OF BEGINNING IT D EXISTING CITY OF DENTON 3 5 MILE ETJ FMB BEGINNING FUTURE EXISTING KRUM MUTUAL 1/2 MILE ETJ BOUNDARY FUTURE MUTUAL BOUNDARY 4000 0 4000 Feet GIS ENGINEERING DEPT , CITY OF :)ENTON