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2000-262S \Our DocumCnts\Ordmences\00~A 82 correcting amendment doe ORDINANCE AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT AN INADVERTENT ERROR 1N ORDINANCE NO 99-203 WHICH IS AN ORDINANCE ANNEXING INTO TO THE CITY OF DENTON CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF INTERSTATE HIGHWAY 35W, NORTH OF CRAWFORD ROAD, AND WEST OF U S HIGHWAY 377 IN DENTON COUNTy, TEXAS, SAID ERROR BEING AN INADVERTENT ERROR IN THE DESCRIPTION OF THE PROPERTY BEING ANNEXED WHICH SHOULD HAVE BEEN APPROXIMATELY 472 ACRES INSTEAD OF APPROXIMATELY 1025 ACRES, MAKING SUCH CORRECTION RETROACTIVE TO JUNE 15, 1999, BEING THE DATE OF PASSAGE OF ORDINANCE NO 99-203, DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO INFORM THE DENTON COUNTY APPRAISAL DISTRICT AND AFFECTED TAXING AUTHORITIES OF THIS ERROR AND THE CORRECTIONS MADE BY THIS ORDINANCE AND REQUESTING THAT THE APPRAISAL DISTRICT AND AFFECTING TAXING AUTHORITIES MAKE SUCH ADJUSTMENT IN TAXES RESULTING FROM THIS CORRECTION, AS MAY BE PERMITTED BY LAW, PROVIDING AN EFFECTIVE DATE (A-82) WHEREAS, on June 15, 1999 the C~ty Council approved Or&nance No 99-203 which annexed certmn real property into the C~ty of Denton, Texas, and WHEREAS, the caption of Ordinance No 99-203 stated that the property being annexed ~s a tract of land comprising 472 acres, located on the east s~de of Interstate H~ghway 35W, north of Crawford Road west ofU S H~ghway 377, and WHEREAS, the m~nutes of the C~ty Councd annexatton pubhc heanng held on April 20, 1999 clearly show that the C~ty Cotmcfl ~ntended to only annex the 472 tract, and WHEREAS, the C~ty Council finds that Exhibit A attached to Or&nance No 99-203 being a description of 1025 acres of land was an ~nadvertent error and does not accurately describe the property that was annexed, but instead, the approxtmate 472 acre real property described m Extub~t A to th~s ordinance ~s ~n fact the property that was annexed by Or&nance No 99-203, WHEREAS, the C~ty Councd finds that th~s or&nance ~s ~n the pubhc ~nterest, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 99-203 ~s hereby corrected and amended so that Exhibit A attached hereto and made a part hereof, being a description of 472 acres of real property (the "472 Acre Property"), substitutes and replaces Exhibit A to Or&nance No 99-203, being a description of 1025 acres of real property, so that the property annexed under Ordinance No 99- 203 is the 472 Acre Property Tbas correction and amendment 1s retroactive to June 15, 1999, the date of passage of Ordinance No 99-203 SECTION 2 The City Manager, or bas designee, is directed to inform the Denton County Appraisal District and affected taxing authormes of this ordinance and the corrections made hereto and request that the Apprmsal District and affected taxing authonUes make such adjustments m taxes resulting from this correction, as may be permitted by law SECTION 3 All other provmons of Ordinance No 99-203 not in conflict with this ordinance shall remain m full force and effect A copy of this ordinance shall be attached to Ordinance 99-203 showing the correct~ons and amendments herein approved SECTION 4 The recitations and findings contained in the preamble of this ordinance are substantive and are incorporated into the body of tbas ordinance as if fully set forth herein SECTION 5 Tbas Ordinance shall be effective immediately upon its passage and approval, w~th the corrections and amendments contamed herein having retroactive effect as provided in Section 1 hereof PASSED AND APPROVED tbas the /,~dayof ~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY A~;~ED A~S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 TRACT THREE ALL that certain lot, tract or parcel of land lying and being satuated in the County of Denton, State of Texas, in the B.B.B. & C.R.R. Company Survey, Abstract Number 158, B.B.B a C.R R Company Survey, Abstract Number 159, B.E.B & C R.R. Company Survey, Abstract Number 160, S. Graham Survey, Abstract Nualber %68, E. Pizano Survey, Abstract Number 994, M. Smith Survey, Abstract Number 1181, W. Smith Survey, Abstract Number 1182 and being more particularly described as follows~ BE~INNIN~ at a point in the existing Denton city limits lane as established by Ordinance Nua%ber 69-%0 (Tract III), beang the most southerly southwest corner of said Ordinance Number 69-%0 (Tract III), said point lying 500 feet northwesterly of and perpendicular to the centerline of U.S Haghway 377 (Fort Worth Drive)~ THENCE North 27° 28' East parallel wath and perpendicular to the centerline of U.S. Highway 377 (Fort Worth Drive) along the ex&sting Denton city limits lane as establashed by Ordinance Nuz~ber 69-%0 (Tract III) a distance of 1,680 feet to a point for corner, said point lying in the south lane of the Willia~ Smith Survey, Abstract Number 1187 and in the north line of the Spencer ~rahmm Survey, Abstract Number 468~ THENCE North 88° 18' 39" West, departang said existing Denton city limit line and continuing along the south line of the said W~lliam Smith Survey, Abstract Number 1187 same being the north lane of the Spencer Graham Survey, Abstract Number 468 a distance of 2,030 feet to a point for corner~ THENCE North 00° 30' 52" East a distance of 2,769.64 feet to a poant for corner, said point lying on the south line of the B.B B. & C.R.R. Company Survey, Abstract Number 159, said point also being the on the north line of the Will&am Sm&th Survey, Abstract Nun%bet 1182, said point also lyang in Johnson Road, C \My Documents\My Documents\FIELDNOT\huff_tract3_042199 doc i TRACT THREE THENCE westerly along said survey lines passing at 731 feet a southe&st corner of a tract annexed by the City of Denton by Ordinance N~mber 91-033 (Tract I) and continuing along said existing Denton city limit line established by Ordinance Number 91-033 (Tract 1) and along said survey lines a total distance of 3,083.69 feet to a point for corner, said point being the northeast corner of the B.B.B. & C.R.R. Company Survey, Abstract Number 158, said point also being the northwest corner of the Willi~u~ Smith Survey, Abstract Number 1182 and also being at the intersection of Johnson Lane and Paine Road~ THENCE South 00° 02' 39" West along the existing Denton city limits line established by Ordinance Number 91-033 (Tract I) and along the east line of the said B.B.B. & C.R.R. Company Survey, Abstract Number 158 a distance of 3,648.27 feet to a point for corner~ THENCE North 89° 32' 20" West along the ex~sting Denton city limits line established by Ordinance Number 91-033 (Tract I) a distance of 2,290.84 feet to a point for corner~ THENCE North 00° 58' 25" East along the ex~st~ng Denton city l~m~ts line established by Ordinance Number 91-033 (Tract I) a distance of 300 feet to a point for corner, said point being at an intersection of the City of Denton annexation tract lines of Ordinance Number 74-36 (Tract I) and of Ordinance Number 91-033 (Tract I), said point also lying 500 feet southwesterly of and perpendicular to the centerline of Interstate Highway 35 West~ THENCE South 29° 55' 51" West, 500 feet southwesterly of and parallel to the centerline of Interstate Highway 35 West and along the existing Denton city limits line established by Ordinance Number 74-36 (Tract I), a distance of 1,300 feet to a point for corner~ THENCE North 89° 54' 05" East , departing said existing Denton city limits line established by Ordinance Number 74-36 (Tract I), a distance of 350 feet to a point for corner, said point C \My DoCuments\My Documents\FIELDNOT\hu~f_tract3_042199 doc 2 TRACT THREE being the northeast corner of a tract to Jed Arthur Cooper by deed recorded in Volume 559, Page %59 of the Deed Records of Denton County, Texas~ THENCE South 00° 15' 03" West along the east line of said Cooper tract a distance of %28.80 feet to a point for corner, said point being the northwest corner of a tract to Joe T. Simpson by deed recorded in Volume 3097, Page 570 of the Real Property Records of Denton County, Texas~ THENCE South 89° 4%' 50" East along the north line of said Simpson tract a distance of 200.05 feet to a point for corner, said point being the northeast corner of said Simpson tract~ THENCE South 00° 07' 51" West along the east lane of sa~d Simpson tract & distance of 375 feet to a point for corner, sa~d point lying on the north right-of-way line of Crawford Road and said point &1so lying 25 feet north of the common Apportionment Agreement line established on November 18~h, 1969 between the City of Denton and the Town of Argyle and recorded in Volume 716, Page 1%5 in the Deed Records of Denton County, Texas~ THENCE in an easterly direction along the north lane of Crawford Road most of the way and being 25! north of and parallel to the said Denton/Argyle agreement line a distance of 2,351 feet to a point for corner, said point lying 25 feet west of the said Denton/Argyle agreement line and said point lying on the west right-o£-way line of John Paine Road~ THENCE in a northerly direction along the west r~ght-of-way line of John Paine Road, 25 feet west of and parallel to said Denton/Argyle agreement line a distance of 767 feet to a point for corner~ THENCE South 88° 30' East passing at 25 feet the east line of the B B.B.& C.R.R. Survey, Abstract Number 158, same being the northwest corner of the William Gazaway Survey, Abstract Number 480, ema%e being the southwest corner of the Mary Smith Survey, C \My Documents\My Documents\FIELDNOT\huff_tract3_042199 doc 3 TRACT THREE Abstract Number 1181, san*e being a common corner along the said Denton/Argyle agreement line, and passing at 2,641 feet the northeast corner of the said William Gazaway Survey, Abstract Nuz~ber 480 same being the southeast corner of said Mary Smith Survey, Abstract Number 1181 same being the west line of the S. Graham Survey, Abstract Number 468 and contanuing along said agreement line a total distance of 4,666 feet to a point an the centerline of the U~ion Pacific Railroad (formerly the Texas & Pacific Railway) for corner; THENCE North 27° 15' East with the centerline of the Union Pacifio Railroad and along the said Denton/Argyle agreement line a dastance 250 feet, more or less, to a point for corner, said point lying on a southerly line of the existang Denton city limits as established by Ordinance Nua%ber 69-40 (Tract III), THENCE westerly along said exasting Denton city limats lane as established by Ordinance Number 69-40 (Tract III), departang the said Denton/Argyle agreement line, a distance of 430 feet to the POINT OF BEGINNING and containing 472 acres of land. C \My Documents\My Documents\FIELDNOT\huff_tract3_042199 doc 4