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Ord 59-2009 9/1/2009 ORDINANCE NO. 59-2009 ORDINANCE DESIGNATING A TAX INCREMENT FINANCING DISTRICT, REINVESTMENT ZONE #3, PROVIDING FINDINGS OF FACT, ADOPTING THE PLAN, AND DECLARING AN EMERGENCY WHEREAS, The City Council wishes to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a Tax Increment Financing District, Reinvestment Zone #3, as codified in Chapter 311 of the Texas Tax Code and known as the Tax Increment Financing Act ("the ACT"); and WHEREAS, the City has properly notified the appropriate officials of Wichita County and Wichita Falls Independent School District, as required by the ACT; and, WHEREAS, a public meeting was conducted at 10:00 a.m. on the 10 day of August, 2009, before the Wichita County Commissioner's Court; and, WHEREAS, a public hearing was conducted at 8:30 a.m. on the 1 St day of September, 2009, before the Wichita Falls City Council, such date being at least 7 days after the date of publication of the notice of such public hearing in a newspaper of general circulation in the City of Wichita Falls; and, WHEREAS, the City, at such hearing invited any interested person to appear and contend for or against the creation of the Reinvestment Zone, whether all or part of the territory, which is described by a metes and bounds description attached hereto as Exhibit "A" and depicted in the drawing attached hereto as Exhibit "B", should be included in such proposed Reinvestment Zone; and, WHEREAS, all owners of property located within the proposed Reinvestment Zone, and all other taxing units and other interested persons, were given the opportunity at such public hearing to protest the creation of the proposed Reinvestment Zone or the inclusion of their property in such Reinvestment Zone; and WHEREAS, the proponents of the Reinvestment Zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the Reinvestment Zone, and no opponents of the Reinvestment Zone appeared to contest creation of the Reinvestment Zone; and, WHEREAS, after considering all testimony and evidence offered at the public hearing, the City Council finds that improvements in the Reinvestment Zone will enhance significantly the value of all taxable real property in the Zone and will be of general benefit to the City of Wichita Falls, and that it will be in the public interest to pass this ordinance creating a Reinvestment Zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. 2. The City, after conducting such hearing and having heard such evidence and testimony, based on the evidence and testimony presented to it, finds: (a) The public hearing on adoption of the Reinvestment Zone has been properly called, held and conducted, and that notice of such hearing has been published as required by law; (b) The City has jurisdiction to hold and conduct this public hearing on the creation of the proposed Reinvestment Zone, pursuant to the ACT; (c) Creation of the proposed Zone will result in benefits to the City, its residents and property owners, and to the property, residents and property owners in the Reinvestment Zone; and (d) That the Reinvestment Zone, as defined in Exhibits "A" and "B", meets the criteria for the creation of a Reinvestment Zone as set forth in Section 311.005 of the ACT in that: (1) The area can substantially arrest or impair the sound growth of the City of Wichita Falls, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use because of the presence of: (a) A substantial number of substandard, slum, deteriorated, or deteriorating structures; (b) The predominance of defective or inadequate sidewalk or street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Conditions that endanger life or property by fire or other causes; (2) It is predominantly open and, because of obsolete platting, deterioration of structures or site improvements, or other factors, may substantially impair or arrest the sound growth of the municipality. (3) Improvements in the Reinvestment Zone will enhance significantly the value of all taxable real property in the Reinvestment Zone. 3. The City hereby creates a Tax Increment Financing District, Reinvestment Zone #3, City of Wichita Falls ("the Zone") over the area described by the description in Exhibit "A", attached hereto and depicted in a drawing attached hereto as Exhibit "B". 4. The operation of the Zone shall commence on September 1, 2009 and shall terminate on December 31, 2029. The Zone may be renewed for an additional 5 years, or may terminate sooner by subsequent ordinance. 5. The City hereby creates a Board of Directors for the Zone, which shall consist of 7 members, at least 5 of which shall be appointed by the City Council, one by the Wichita County Commissioners' Court, and one by the Wichita Falls Independent School District. In accordance with the ACT if Wichita Falls Independent School District waives its right to appoint a member, the remaining Board member shall be appointed by the Wichita County Commissioners. Five Board members shall have initial appointments terminating on December 31, 2011. Two Board members shall have initial appointments terminating on December 31, 2010. All subsequent appointments shall be made for two year staggered terms. In the event that no successor has been appointed by December 31 St of any year, such member shall continue to serve until his or her successor is appointed. The City Council shall appoint one member of the Board to serve as chairman for a term of one year that commences on January 1 St of the following year. The Board of Directors may elect a vice-chairman to preside in the absence of the chairman or when there is a vacancy in the office of chairman. The Board may elect other officers, as it considers appropriate. 6. There is hereby created a Tax Increment Fund #3 for the Zone into which all tax increments shall be deposited. The tax increments shall be equal to the amount of property taxes levied for a year on the captured appraised value that is the amount by which the current appraised value of all taxable real property located in the Zone exceeds its tax increment base. The base shall be as determined and certified in the Financial Plan as the 2008 values. 7. The Plan for the Tax Increment Financing Reinvestment Zone #3 is hereby adopted. 8. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this ordinance. 9. The City Council finds that a sufficient written notice of the date, hour, place, and subject of the meeting of the City Council at which this ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding this meeting, as required by the Texas Open Meetings Act, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter hereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. 10. It is hereby found and determined that the subject matter of this Ordinance affects the public health, safety, and general welfare of the citizens of Wichita Falls and that immediate effectiveness of this ordinance is necessary to secure the taxable increment for the current year; therefore, this ordinance is declared to be an emergency measure and shall become effective immediately upon its passage. PASSED AND APPROVED this the 1 day of September 2009. , a � MAYOR ATTEST: � ity Clerk EXHIBIT A — Legal Description TIF REINVESTMENT ZONE #3 BOUNDARY Beginning at a point at the southwest corner of Lot 24, Block 1, Sayles Addition; Thence north along the east right of way of Mill Street to a point on the northeastern right of way of Farris Street; Thence in a northwesterly direction along the northeastern right-of-way line of Farris Street to a point of intersection of the southeastern line of Lot 5, Block 156, Original Townsite extended, and the northeastern right-of-way line of Farris St; Thence in a southwesterly direction crossing Farris Street and continuing along the southeastern line of Lot 5, Block 156, Original Townsite, to a point on the northeastern right-of- way line of the alley within Block 156, Original Townsite; Thence in a northwesterly direction along the northeastern right-of-way line of the alley within Block 156, Original Townsite, and continuing along the northeastern right-of-way line of the alley within Block 135, Original Townsite, to a point on the southeastern right-of-way line of 5 th Street; Thence northeasterly along the southeastern right of way of 5 th Street to a point on the northeastern right-of-way of Farris Street, said point also being the most northwestern corner of Lot 12-A, Block 134, Original Townsite; Thence northwesterly along the northeastern right-of-way line of Farris Street to a point of intersection of the northwestern line of Lot 5, Block 132, Original Townsite extended, and the northeastern right-of-way line of Farris Street; Thence southwesterly crossing Farris Street and continuing along the northwestern line of Lot 5, Block 132, Original Townsite to a point in the northeastern right-of-way line of the alley within Block 132, Original Townsite; Thence northwesterly along the northeastern right-of-way line of the alley within Block 132, Original Townsite, continuing along the northeastern right-of-way line of the alley within Block 111, Original Townsite, to a point on the southeastern right-of-way line of 3` Street; Thence northeasterly along the southeastern right-of-way line of 3` Street to a point on the northeastern right-of-way of Farris Street, said point being the most northwestern corner of Lot 14, Block 110, Original Townsite; Thence northwesterly along the northeastern right-of-way line of Farris Street to a point in the southeastern right-of-way line of 2" Street, said point being the most northwestern corner of Lot 14, Block 109, Original Townsite; Thence southwesterly along the southeastern right-of-way line of 2" Street to a point on the most northeastern corner of Lot 14, Block 108, Original Townsite; Thence northwesterly, crossing 2" Street and continuing along the southwestern right-of-way line of the alley within Block 87, Original Townsite to a point on the southeastern lot line of Lot 16, Block 87, Original Townsite; Thence northeasterly along alley right-of-way to a point in the most southwestern corner of Lot 13-A, Block 87, Original Townsite; Thence northwesterly along the southwestern lot line of Lot 13-A, Block 87, Original Townsite, to a point on the southeastern right-of-way of Front Street; Thence in a northwesterly direction crossing Front Street to a point on the most southeastern corner of property described as "south 399 feet Lot 1-A, Blocks W& X Montgomery 2"; Thence northwesterly along the northeastern line of property described as "south 399 feet Lot 1- A, Blocks W& X Montgomery 2" to a point on the most northern corner of said property; Thence southwesterly along the northwestern line of property described as "south 399 feet Lot 1-A, Blocks W& X Montgomery 2" to a point in the northeastern right-of-way line of MLK Jr. Boulevard; Thence northwesterly along the northeastern right-of-way line of MLK Jr. Boulevard to a point, said point being the most northwestern corner of property described as "west 25 feet of Lots 36 thru 39, Block W, Montgomery 2"; Thence southwesterly crossing MLK Jr. Boulevard, to a point, said point being the most northern corner of Lot 1, Block W, Montgomery 2, said point also being on the northeast right-of- way of Lee Street; Thence southeasterly along the northeastern right-of-way of Lee Street to a point, said point being the most southern corner of Lot 13, Less right-of-way, Block W, Montgomery 2; Thence easterly to the most northwestern corner of Lot 16, Block W, Montgomery 2; Thence southeasterly along the west edge of said lot and continuing across Front Street to a point on the southeastern right-of-way line of Front Street; Thence northeasterly along the southeastern right-of-way of Front Street to a point, said point being the northwestern corner of Lot 15, Block 88, Original Townsite; Thence southeasterly to a point on the southwestern corner of Lot 15, Block 88, Original Townsite, said point also being on the northwestern right-of-way line of an alley; Thence southwesterly along the northwestern alley right-of-way to a point on the southwestern right-of-way line of Lee Street; Thence southeasterly along the southwestern right-of-way of Lee Street to a point on the northwestern right-of-way line of 2" Street; Thence southwesterly along the northwestern right-of-way line of 2" Street to a point on the southwestern right-of-way line of Michigan Avenue, said point also being the most eastern corner of Lot 1-A, Block 90, Original Townsite; Thence southeasterly along the southwestern right-of-way line of Michigan Avenue to a point of intersection with the southeastern right-of-way line of 5' Street extended; Thence northeasterly crossing Michigan Avenue and along the southeastern right-of-way line of 5 th Street to a point, said point being the northwestern corner of Lot 1-A, Block 137, Original Townsite; Thence northeasterly crossing 5 th Street and continuing along the northeastern right-of-way line of an alley to a point, said point also being the southwestern corner of Lot 1, Block 130, Original Townsite; Thence northeasterly along the southeastern lot line of Lot 1, Block 130, Original Townsite and crossing an alley and continuing along the southeastern lot line of Lot 14, Block 131, Original Townsite to a point on the southwestern right-of-way line of an alley, said point also being the southeastern corner of Lot 14, Block 131, Original Townsite; Thence southeasterly along the southwestern alley right-of-way crossing 5 th Street and continuing along the southwestern right-of-way line of an alley to a point, said point being the northeastern corner of Lot 10-A, Block 136, Original Townsite; Thence southwesterly along the northwestern lot line of Lot 14, Block 136, Original Townsite and continuing across Lee Street to a point in the southwestern right-of-way line of Lee Street; Thence southeasterly along the southwestern right-of-way line of Lee Street to a point on the most eastern corner of Lot 6-A, Block 137, Original Townsite; Thence southwesterly along the southeastern lot line of Lot 6-A, Block 137, Original Townsite, said lot line also being the northwestern right-of-way line of 6 th Street, to a point on the southwestern right-of-way line of an alley; Thence southeasterly along the southwestern right-of-way line of the alley to a point on the northwest lot line of Lot 1-A, Block 161, Original Townsite, extended; Thence northeasterly crossing an alley and continuing along the northwestern lot line of Lot 1-A, Block 161, Original Townsite, said line also being the southeastern right-of-way line of 7 th Street, to a point on the northeastern corner of said lot; Thence southeasterly along the northeastern lot line of Lot 1-A, Block 161, Original Townsite, said line also being the southwestern right-of-way line of Lee Street, passing a point on the southeastern corner of Lot 1-A, Block 161, Original Townsite, and continuing to a point on the north line of a tract of land owned by the Burlington Northern and Santa Fe (BNSF) Railroad Co. and is described as Corridor Item # 2, Original Townsite; Thence generally in a southeastern direction along the northern, eastern, and southern boundary of Corridor Item # 2, Original Townsite, to a point on the southwestern lot line of a tract of land described as All of Block A, Kings Addition; Thence southeasterly along the southwest line of All of Block A, Kings Addition to a point, said point being on the most southern corner of All of Block A, Kings Addition; Thence southeasterly crossing Emanuel Davis Overpass to a point on the northwest corner of a tract of land described as Lot 6 Less right-of-way, Block H, Grainger & Ballow, said point also being on the east right-of-way line of Emanuel Davis Overpass; Thence generally in a southerly direction along the east right-of-way line of Emanuel Davis Overpass to a point of intersection of the east right-of-way line of Emanuel Davis Overpass and the northeastern right-of-way line of railroad right-of-way, said point being on the southwest corner of Lot 1, Block I, Grainger & Ballow; Thence southwesterly crossing railroad right-of-way to a point of intersection of the north right- of-way line of Granger Street and the west right-of-way line of Lake Street extended; Thence south along the west right-of-way line of Lake Street to a point on the northwest corner of a tract of land described as the East 29 feet of Lot 5, Block 1, Barwise and Jalonick, said point being also on the east line of railroad right-of-way; Thence generally in a southerly direction along the east line of railroad right-of-way and along the western edge of various lots within the Barwise & Jalonick, McBride 1, McBride 2, and Joseph A Kemps Additions, to a point on the northwest corner of a tract of land described as Part of Lots 1-4, Block 27, Kemp, said point also being on the south right-of-way line of Galveston Street; Thence east along the south right-of-way line of Galveston Street to a point on the west right-of- way line of Mississippi Street; Thence south along the west right-of-way line of Mississippi Street to a point of intersection of the south line of Lot 15, Block 28, Hinckley extended, and the west right-of-way line of Mississippi Street; Thence east crossing Mississippi Street and continuing along south line of Lot 15, Block 28, Hinckley, to a point on the west right-of-way line of the alley within Block 28, Hinckley, said point also being on the southeast corner of Lot 15, Block 28, Hinckley; Thence south along the west right-of-way line of the alley within Block 28, Hinckley, to a point on the northeast corner of Lot 9-A, Block 28 Hinckley; Thence west along the north lot line of Lot 9-A, Block 28 Hinckley, to a point on the west right- of-way line of Mississippi Street; Thence south along the west right-of-way line of Mississippi Street, to a point on the south right- of-way line of Chester Avenue; Thence east along the south right-of-way line of Chester Avenue crossing Jacksboro Highway and continuing to a point on the west right-of-way line extended of the alley that is within Block 29, Hinckley; Thence north along the west right-of-way line of the alley within Block 29, Hinckley, to a point on the south right-of-way line of Galveston Street, said point also being the northwest corner of a tract of land described as West 65 feet of Lots 1& 2& 3 Block 29, Hinckley; Thence east along the south right-of-way line of Galveston Street, to a point on the east right-of- way line of Kentucky Avenue; Thence north along the east right-of-way of Kentucky Avenue to a point on the north right-of- way of the alley within Block 23 Kemp extended, said point also being the southwest corner of a tract of land described as South 50 feet of Lots 1& 2, Block 23 Kemp; Thence west along the north right-of-way of the alley within Block 24, Kemp, to a point on the southeast corner of a tract of land described as the South 100 feet of Lots 1& 2, Block 24, Kemp; Thence north along the west lot line of a tract of land described as the South 100 feet of Lots 1 & 2, Block 24, Kemp, to a point on the northeast corner of said tract; Thence west along the north lot line of a tract of land described as the South 100 feet of Lots 1 & 2, Block 24, Kemp, to a point on the east right-of-way line of Jacksboro Highway, said point also being the northwest corner of said tract; Thence north along the east right-of-way line of Jacksboro Highway, to a point on the southwestern right-of-way line of East Scott Avenue, said point also being the most northern corner of a tract of land described as part of Lot 1, Block 12, Kemp; Thence southeasterly to a point on the northwest corner of a tract of land described as Lots 9& 10 North of Highway, Block 12, Kemp, said point also being on the south right-of-way line of an alley; Thence east along the south right-of-way line of the alley within Block 12, Kemp to a point on the east right-of-way line of Kentucky Avenue, said point also being the northwest corner of Lot 14, Block 11, Kemp; Thence north along the east right-of-way line of Kentucky Avenue, to a point on the north right- of-way line of the alley within Block 1, Kemp, said point also being the southwest corner of Lot 1, Block 2, Kemp; Thence west along the north right-of-way line of the alley within Block 1, Kemp, to a point on the southeast corner of a tract of land described as the South 100 feet of Lots 1& 2, Block 1, Kemp; Thence north along the east lot line of a tract of land described as the South 100 feet of Lots 1& 2, Block 1, Kemp, to a point on the northeast corner of said tract; Thence west along the north lot line of a tract of land described as the South 100 feet of Lots 1 & 2, Block 1, Kemp, to a point on the east right-of-way line of Virginia Avenue, said point also being the northwest corner of said tract; Thence north along the east right-of-way line of Virginia Avenue to a point on the south right-of- way line of Jalonick Street, said point also being the northwest corner of a tract of land described as the North 50 feet of Lots 1& 2, Block 1, Joseph A. Kemp; Thence east along the south right-of-way of Jalonick Street, to a point on the northeast corner of Lot 7, Block 1, Kemp; Thence northerly crossing Jalonick Street to a point on the southeast corner of Lot 6, Block 33, Barwise & Jalonick; Thence north along the east line of Lot 6, Block 33, Barwise & Jalonick to a point of intersection of said east line with south line of a tract of land described as "South 47 feet of Lot 5, Block 33, Barwise & Jalonick" extended; Thence west along the north right-of-way line of an alley to a point on the southwest corner of a tract of land described as "South 47 feet of Lot 5, Block 33, Barwise & Jalonick", said point also being the southeast corner of Lot 4, Block 33, Barwise & Jalonick; Thence north along the east lot line of Lot 4, Block 33, Barwise & Jalonick, to a point on the north right-of-way line of Walnut Street; Thence west along the north right-of-way line of Walnut Street, to a point on the southeast corner of a tract of land described as the West 29 feet of Lot 8& All of Lots 9& 10, Block 25, Barwise & Jalonick; Thence north along the east lot line of a tract of land described as the West 29 feet of Lot 8& all of Lots 9& 10, Block 25, Barwise & Jalonick, to a point on the north right-of-way line of the alley within Block 25, Barwise & Jalonick; Thence west along the north right-of-way line of the alley within Block 25, Barwise & Jalonick, continuing along the north right-of-way line of the alley within Block 24, Barwise & Jalonick, to a point on the east right-of-way line of Mississippi Avenue, said point also being on the southwest corner of Lot 1, Block 24, Barwise & Jalonick; Thence north along the east right-of-way line of Mississippi Avenue, to a point on the south right-of-way line of Elm Street, said point also being the northwest corner of Lot 1, Block 24, Barwise & Jalonick; Thence east along the south right-of-way line of Elm Street, to a point on the northwest corner of a tract of land described as "West 50 feet of Lot 1, Block 28, Barwise & Jalonick"; Thence north to a point on the northwest corner of Lot 1-A, Block 21, Barwise & Jalonick, said point also being on the south right-of-way line of Oak Street; Thence northwesterly crossing Oak Street to a point on the southeastern most corner of Lot 1-A Replat of part of Blocks 13 & 14, Barwise & Jalonick; Thence north along an eastern lot line of Lot 1-A Replat of part of Blocks 13 & 14, Barwise & Jalonick, to a point on an internal corner of said lot; Thence east to a point on the east right-of-way line of Texas Avenue; Thence south to a point of intersection of the east right-of-way of Texas Avenue and the north right-of-way line of Oak Street; Thence east along the north right-of-way line of Oak Street to a point on the northwestern right- of-way line of South Rosewood Avenue; Thence northeast along the northwestern right-of-way line of South Rosewood Avenue to a point on the most eastern corner of a tract of land owned by the Missouri Pacific Railroad Company and described as 22.64 acres Abstract 167 and Abstract 307 (Excess RR Land); Thence northwesterly along the northeastern line of a tract of land owned by the Missouri Pacific Railroad Company and described as 22.64 acres Abstract 167 and Abstract 307 (Excess RR Land) to a point on the most northwestern corner of said tract; Thence northeasterly crossing railroad tracts and Humphreys Street, to a point on the southwest corner of a tract of land described as the South 57.5 feet x 5 feet x 67 feet Lots A-1-2, Block 2 Bateson Addition, said point also being on the east right-of-way line of Brick Street; Thence north along the east right-of-way line of Brick Street, to a point on the south right-of-way line of Sullivan Street, said point also being the northeast corner of Lot 19-A, Block 2, Bateson Addition; Thence east along the south right-of-way line of Brick Street, to a point on the west right-of-way line of Homes Avenue, said point also being the northeast corner of a tract of land described as the North 74.5 feet of Lot 8& the North 74.5 feet of the East 21 feet of Lot 9, Block 5, Bateson Addition; Thence south along the west right-of-way line of Homes Avenue, to a point on the south right-of- way line of the alley that is within Block 8, Bateson Addition, said point also being on the northeast corner of a tract of land described as the North Half of Lot 7, Block 5, Bateson Addition; Thence east crossing Homes Avenue and continuing along the south right-of-way line of the alley within Block 8, Bateson Addition, to a point along the west right-of-way line of Owen Street, said point also being on the northeast corner a tract of land described as the North 55 feet of Lots 4& 5, Block 8, Bateson Addition; Thence south along the west right-of-way line of Owen Street, to a point on the south right-of- way line of Humphreys Street, said point also being on the northeast corner of Lot 6, Block 7, Bateson Addition; Thence east crossing Owen Street and continuing along the south right-of-way line of Humphreys Street, to a point on the southwest right-of-way line of MLK Jr. Boulevard, said point also being the northern most corner of a tract of land described as Lot 1, Block 1, and the West Half of Lot A less right-of-way Block 23, Bateson 2" Snoddy; Thence southeasterly along the southwest right-of-way line of MLK Jr. Boulevard, to a point on the northwest corner of Lot 1, Block 1, Strearman; Thence south along the west lot line of Lot 1, Block 1, Strearman, to a point on the southwest corner of said lot; Thence in a generally easterly direction along the north property line of the Burlington Northern Santa Fe (BNSF) Railroad Co., said line also being on the south lot lines of Block 1, Stearman, to a point on the southeast corner of Lot 10, Block 1, Stearman; Thence south along the east property line of the Burlington Northern Santa Fe (BNSF) Railroad Co., said line also being the west right-of-way line of Dove Street, to a point on the southeast corner of said Railroad property; Thence west crossing Dove Street and continuing along the south lot line of a tract of land described as 0.63 acres Block 2, Scott 11 Abstract 299-J A Scott, to a point on the west lot line of a tract of land described as the Northwest 50 feet x 150 feet of Lot 8, Block 2, Brown; Thence in a generally southerly direction along the west lot line of a tract of land described as the Northwest 50 feet x 150 feet of Lot 8, Block 2, Brown right-of-way, to a point on the southwest corner of a tract of land described as the Southwest 65.5 feet of Lot 7, Block 2, Brown, said point also being on the north lot line of Tract 15, Abstract 299-J A Scott; Thence east along the north lot line of Tract 15, Abstract 299-J A Scott, crossing Oriole Street and continuing on the north lot line of a tract of land described as 50 feet x 150 feet Block 3, Abstract 299-J A Scott, to a point on the northwest corner of a tract of land described as 4.36 Acres of Tract 19, Block 4, Abstract 299-J A Scott; Thence south along the west lot tine of a tract of land described as 4.36 Acres of Tract 19, Block 4 Abstract 299-J A Scott, to a point on the south right-of-way line of Peach Street; Thence southwesterly along the south right-of-way line of Peach Street, to a point on the east lot line extended of a tract of land described as 2.79 acres of Block 5, East Side Gardens; Thence north along the east lot line of a tract of land described as 2.79 acres of Block 5, East Side Gardens, to a point on the south lot line of a tract of land described as 2.37 acres of Block 4, East Side Gardens; Thence east along the south lot line of a tract of land described as 2.37 acres of Block 4, East Side Gardens, to a point on the west right-of-way line of Hilltop Avenue, said point also being the southeast corner of said lot; Thence south along the west right-of-way line of Hilltop Avenue, to a point on the southeastern right-of-way of East Scott Street, said point also being on the northeastern right-of-way line of railroad property; Thence southeasterly along the north railroad right-of-way and continuing along the south right- of-way line of Fort Worth Street to a point of intersection of the east right-of-way line of Star Avenue extended; Thence north along the east right-of-way line of Star Avenue, to a point of intersection of the north lot line of a tract of land described as 2.13 Acres out of Blocks 23-24, East Side Gardens extended; Thence west along the north lot line of a tract of land described as 2.13 Acres out of Blocks 23- 24, East Side Gardens, to a point on the northeast right-of-way line of MLK Jr. Boulevard, said point being the northwest corner of said lot; Thence in generally a northwesterly direction along the northeast right-of-way line of MLK Jr. Boulevard, to a point on the southern most corner of a tract of land described as 0.6 acres, Block 15, East Side Gardens; Thence north along the east lot line of a tract of land described as 0.6 acres, Block 15, East Side Gardens and continuing to a point on the northeast corner of a tract of land described as 3.27 acres, Blocks 13-14, East Side Gardens; Thence west along the north lot line of a tract of land described as 3.27 acres, Blocks 13-14, East Side Gardens and continuing to a point on the east right-of-way of Hilltop Avenue, said point also being the northwestern most corner of a tract of land described as 0.26 acres, Block 13, East Side Gardens; Thence north along the east right-of-way line of Hilltop Avenue, to a point on the south right-of- way line of Hampton Road, said point also being on the northwest corner of Lot 9B Replat of Block 48, East Side Gardens; Thence east along the south right-of-way line of Hampton Road, to a point on the east lot line extended of a tract of land described as 17.55 acres, Block 13, Irrigation S/D Abstract 303 and Block 48, Cherokee County School Lands (CCSL); Thence north, east, and north along the east lot boundary of a tract of land described as 17.55 acres, Block 13, Irrigation S/D Abstract 303 and Block 48, Cherokee County School Lands (CCSL), to a point on the southwest corner of a tract of land described as 5 acres Block 14, Abstract 303 — J A Scott; Thence east along the south lot line of a tract of land described as 5 acres Block 14, Abstract 303 — J A Scott, to a point on the southeast corner of said lot; Thence north along the east lot line of a tract of land described as 5 acres Block 14, Abstract 303 — J A Scott, to a point on the northeast corner of said lot, said point also being on the south right-of-way line of Morgan Lane; Thence west along the south right-of-way line of Morgan Lane to a point on the northeast corner of a tract of land described as the East 265 feet of Lot 2B, Block 1, Eden Housing Addition Abstract 303 (1.33 Acres less 0.15 right-of-way); Thence south along the east Iot line of a tract of land described as the East 265 feet of Lot 2B, Block 1, Eden Housing Addition Abstract 303 (1.33 Acres less 0.15 right-of-way), to a point on the southeast corner of said lot, said point also being on the north lot line of a tract of land described as 5 acres Block 14, Abstract 303 — J A Scott; Thence west along the north lot line of a tract of land described as 5 acres Block 14, Abstract 303 — J A Scott, to a point on the east lot line of a tract of land described as 5.322 acres, Lot 1, Block 1, Eden Housing Addition Abstract 303; Thence north along the east lot line of a tract of land described as 5.322 acres , Lot 1, Block 1, Eden Housing Addition Abstract 303, crossing Morgan Lane and continuing to a point on the north right-of-way of Morgan Lane; Thence east along the north right-of-way line of Morgan Lane, to a point on the southeast corner of a tract of land described as 9.06 acres, Block 12, Abstract 303 — J A Scott; Thence north along the east lot line of a tract of land described as 9.06 acres, Block 12, Abstract 303 - J A Scott, to a point on the northwest corner of a tract of land described as 5.37 acres, Block 11, Abstract 303 - J A Scott; Thence east along the north lot line of a tract of land described as 5.37 acres, Block 11, Abstract 303 - J A Scott, to a point on the east right-of-way line of Linda Lane, said point also being on the southwest corner of Lot 10, Block 1, East End Garden; Thence north along the east right-of-way of Linda Lane, to a point on the north right-of-way line of Harding Street, said point also being on the southwest corner of Lot 6, Block 1, less North 250 feet Lane; Thence west along the north right-of-way line of Harding Street, to a point on the east lot line extended of a tract of land described as 5 acres, Block 12, Abstract 303 - J A Scott; Thence south crossing Harding Street and continuing along the east lot line of a tract of land described as 5 acres, Block 12, Abstract 303 - J A Scott, to a point on the southeast corner of said lot; Thence west along the south lot line of a tract of land described as 5 acres, Block 12, Abstract 303 - J A Scott, to a point on the east lot line of a tract of land described as 9.96 acres, Block 12, Abstract 303 - J A Scott; Thence north along the east lot line of a tract of land described as 9.96 acres, Block 12, Abstract 303 - J A Scott, to a point on the north right-of-way line of Harding Street; Thence west along the north right-of-way line of Harding Street, to a point on the west right-of- way line of Thompson Road; Thence south along the west right-of-way line of Thompson Road, to a point on the northeast corner of Lot 1, Block 1, Eastside Faith Center Addition, Replat of Block 1, Abstract 299 - J A Scott; Thence west along the north lot line of Lot 1, Block 1, Eastside Faith Center Addition, Replat of Block 1, Abstract 299 - J A Scott, to a point on the northwest corner of said lot; Thence south along the west lot line of Lot 1, Block 1, Eastside Faith Center Addition, Replat of Block 1, Abstract 299, to a point on the northeast corner of a tract of land described as 2 acres, Block 1, J A Scott Survey 11, Abstract 299; Thence west along the north lot line of a tract of land described as 2 acres, Block 1, J A Scott Survey 11, Abstract 299, to a point on the north west corner of said lot; Thence south along the west lot line of a tract of land described as 2 acres, Block 1, J A Scott Survey 11, Abstract 299, to a point on the southwest corner of said lot, said point also being on the north right-of-way line of MLK Jr. Boulevard; Thence west along the north right-of-way line of MLK Jr. Boulevard, to a point on the southwest corner of a tract of land described as 4.19 acres, Block 1, Abstract 299 - J A Scott; Thence north along the west lot line of a tract of land described as 4.19 acres, Block 1, Abstract 299 — J A Scott, to a point on the north lot line extended of Lot 12-A, Replat of Block 3 Scurry; Thence west crossing an alley and continuing along the north lot line of Lot 12-A, Replat of Block 3, Scurry, crossing Scurry Street and continuing along the north right-of-way line of the alley within Block 2, Scurry, to a point on the west right-of-way line of Whi�eld Street; Thence south along the west right-of-way line of Whitfield Street, to a point on the southern most corner of Lot 18-B, Replat of Block 1, Scurry; Thence in a generally northwestern direction along the southwest lot line of Lot 18-B, Replat of Block 1, Scurry, to a point on the north lot line extended of Lot 12, Block 1, Scurry; Thence west crossing a City easement and continuing along the north lot line of Lot 12, Block 1, Scurry, to a point on the northwest corner of said lot, said point also being on the east right-of- way line of Paradise Street; Thence north along the east right-of-way line of Paradise Street, to a point on the south right-of- way line of Trout Street, said point also being the northwest corner of Lot 4, Block 1, Scurry; Thence east along the south right-of-way line of Trout Street, to a point on the east lot line extended of a tract of land described as 6 acres, Block 6, Abstract 296 — J A Scott; Thence north crossing Trout Street and continuing along the east lot line of a tract of land described as 6 acres, Block 6, Abstract 296 — J A Scott, to a point on the south lot line of a tract of land described as 8.07 acres, Blocks 3-4-7-8-9, Abstract 296 — J A Scott, said point also being on the northwest corner of a tract of land described as 2.847 acres, Block 7& 8, Abstract 296 — J A Scott; Thence in a generally east direction along the south lot line of a tract of land described as 8.07 acres, Blocks 3-4-7-8-9, Abstract 296, to a point on the southeast corner of said lot, said point also being on the west lot line of Tract 1, Block 1, Antioch Gardens Replat Pt Blocks 9-10-11, Abstract 296 — J A Scott; Then north, west, north, a generally southwestern direction, west, and north along the boundary of a tract of land described as 8.07 acres, Blocks 3-4-7-8-9, Abstract 296 — J A Scott, and continuing north along the east lot line of a tract of land described as 4.5 acres, Abstract 296 — J A Scott, to a point on the south right-of-way line of Harding Street, said point also being the northwest corner of Lot 2, Replat of Block 3& 4, Abstract 296 — J A Scott; Thence east along the south right-of-way line of Harding Street, to a point on the east lot line extended of a tract of land described as 23.4 acres, Blocks 8& 9, Abstract 296 — J A Scott and the South 3.62 acres of Washington-Jackson Subdivision; Thence north crossing Harding Street and continuing in a generally northeast direction, north, west, and north along the east lot line of a tract of land described as 23.4 acres, Blocks 8& 9, Abstract 296 — J A Scott and the South 3.62 acres of Washington-Jackson Subdivision, to a point on the south lot line of a tract of land described as 70 feet x 190 feet of Block 9, Abstract 296 — J A Scott; Thence west, north, west along the north lot line of a tract of land described as 23.4 acres, Blocks 8& 9, Abstract 296 — J A Scott and the South 3.62 acres of Washington-Jackson Subdivision, to a point on the northwest corner of said lot, said point also being on the east line of Holliday Creek; Thence generally in a southwestern direction along the east line of Holliday Creek to a point on the southwest corner of a tract of land described as 6.84 acres, Block 4, Abstract 296- J A Scott; Thence along the south lot line of a tract of land described as 6.84 acres, Block 4, Abstract 296- J A Scott, to a point on the west right-of-way line of Otis Polk Drive; Thence south along the west right-of-way line of Otis Polk Drive, to a point on the northeast corner of a tract of land described as 4.93 acres, Block 5, Abstract 296 Thomas Toby; Thence west along the north lot line of a tract of land described as 4.93 acres, Block 5, Abstract 296 Thomas Toby, to a point on the northwest corner of said lot; Thence generally in a southwesterly direction along the west lot line of a tract of land described as 4.93 acres, Block 5, Abstract 296 Thomas Toby, to a point on the southeast corner of a tract of land described as 4.32 acres, Tract 15A, Block 5, Abstract 296 — J A Scott, said point also being on the north lot line of a tract of land described as 4.93 acres, Block 5, Abstract 296 Thomas Toby; Thence west along the north lot line of a tract of land described as 4.93 acres, Block 5, Abstract 296 Thomas Toby, to a point on the west right-of-way line of North Oriole Street; Thence generally in a southerly direction along the west right-of-way line of North Oriole Street, to a point on the north right-of-way line of MLK Jr. Boulevard, said point also being the southeast corner of Lot 1, Block 1, Eastland; Thence west along the north right-of-way line of MLK Jr. Boulevard, to a point on the east right- of-way line of Pecan Street, said point also being on the southwest corner of a tract of land described as 88 feet x 207 feet, Block 2, Abstract 299 — J A Scott; Thence north along the east right-of-way line of Pecan Street, to a point on the southeast corner of a tract of land described as 88 feet x 207 feet, Block 2, Abstract 299 — J A Scott; Thence west to a point on the southwest corner of a tract of land described as 88 feet x 207 feet, Block 2, Abstract 299, said point also being on the east right-of-way line of an alley; Thence north along the east right-of-way line of the alley within Block 2, Abstract 299 — J A Scott, to a point on the north lot line extended of Lot 1, Block A, Caskey; Thence west crossing an alley and continuing along the north lot line of Lot 1, Block A, Caskey, across an alley continuing along the north lot line of Lot 3, Block 1, Milliron, to a point on the west right-of-way line of Mitliron Street; Thence south along the west right-of-way line of Milliron Street, to a point on the northeast corner of a tract of land described as the West 60 feet of Lots 17 & 18, Block 1, less right-of-way Milliron; Thence west along the north lot line of a tract of land described as the West 60 feet of Lots 17 & 18, Block 1, less right-of-way Milliron, to a point on the east lot line of a tract of land described as 1.48 acres, Block 2, Abstract 299 — J A Scott; Thence north along the east lot line of a tract of land described as 1.48 acres, Block 2, Abstract 299 — J A Scott, to a point on the northern most corner of said lot; Thence generally in a southwesterly direction along the northwest lot line of a tract of land described as 1.48 acres, Block 2, Abstract 299 — J A Scott, to a point on the southwest corner of said lot, said point also being on the northeast right-of-way line of MLK Jr. Boulevard; Thence generally in a northwesterly direction along the northeast right-of-way line of MLK Jr. Boulevard, crossing Holliday Creek to a point on the southeast corner of a tract of land described as 1.06 acres, Block 8, Barwise & Jalonick; Thence in a generally northeast direction along the southeast lot line of a tract of land described as 1.06 acres, Block 8, Barwise & Jalonick, said line also being the west line of Holliday Creek, to a point on the most southeastern corner of a lot described as 1.703 acres Abstract 296 — J A Scott, Less 0.354 acres right-of-way; Thence north to a point on the north right-of-way line of Humphreys Street; Thence west along the north right-of-way line of Humphreys Street, to a point on the northeast right-of-way line of MLK Jr. Boulevard, said point also being on the southern most corner of Lot 9, West half of Lot 8, less right-of-way Block 22, Bateson 2" Addition; Thence northwesterly along the northeast right-of-way line of MLK Jr. Boulevard, to a point on the southeast corner of Lot 10, Block 22, Bateson 2" Addition; Thence north along the east lot line of Lot 10, Block 22, Bateson 2" Addition, across an alley and continuing along the east lot line of Lot 10, Block 22, Bateson 2" Addition, to a point on the north right-of-way line of Sullivan Street; Thence west along the north right-of-way line of Sullivan Street, to a point on the northeast right- of-way line of MLK Jr. Boulevard, said point also being on the southwestern most corner of Lot 16, Less right-of-way, Block 18, Bateson 2" Addition; Thence northwesterly along the northeast right-of-way line of MLK Jr. Boulevard, to a point on the east right-of-way line of Homes Avenue, said point also being on the southwest corner of Lot 16, Less right-of-way, Block 18, Bateson 2" Addition; Thence north along the east right-of-way line of Homes Avenue, to a point on the north right-of- way line of Welch Street, said point also being on the southwest corner of Lot 16, Block 15, Bateson 2" Addition; Thence west along the north right-of-way line of Welch Street to a point on the southeast corner of Lot 19, Block 16, Bateson 2" Addition; Thence north along the east lot line of Lot 19, Block 16, Bateson 2" Addition, to a point on the northeast corner of said lot, said point also being on the south right-of-way line of the alley within Block 16, Bateson 2nd Addition; Thence east along the south right-of-way line of the alley within Block 16, Bateson 2" Addition, to a point on the east right-of-way line of Homes Avenue, said point also being on the northwest corner of Lot 16, Block 15, Bateson 2" Addition; Thence north along the east right-of-way line of Homes Avenue, to a point on the north right-of- way line of Juarez Street, said point also being on the southwest corner of Lot 16, Block 10, Bateson 2" Addition; Thence west along the north right-of-way line of Juarez Street, to a point on the southeast corner of Lot 20, Block 9, Bateson 2" Addition; Thence north along the east lot line of Lot 20, Block 9, Bateson 2" Addition, to a point on the north right-of-way line of the alley within Block 9, Bateson 2" Addition, said point also being on the south east corner of a tract of land described as the East Half of Lot 7 less right-of-way, Block 9, Bateson 2" Addition; Thence west along the north right-of-way line of the alley within Block 9, Bateson 2" Addition, to a point on the southeast corner of Lot 5 less right-of-way, Block 9, Bateson 2" Addition; Thence north along the east lot line of Lot 5 less right-of-way, Block 9, Bateson 2" Addition, to a point on the northeast corner of said lot, said point also being on the south right-of-way line of Marconi Street; Thence generally east along the south right-of-way line of Marconi Street, to a point on the east right-of-way line of Homes Avenue, said point also being on the northwest corner of Lot 1, Block 10, Bateson 2" Addition; Thence north along the east right-of-way line of Homes Avenue, to a point on the south right-of- way line of Harding Street, said point also being on the northwest corner of Lot 1, Block 7, Bateson 2" Addition; Thence east along the south right-of-way line of Harding Street, to a point on the northeast corner of Lot 5, Block 6, Bateson 2" Addition; Thence north crossing Harding Street and continuing along the east lot line of Lot 5, Block 3, Bateson 2" Addition, crossing Bonner Street and continuing north along the east lot line of Lot 5, Block 11, Homewood Height, crossing an alley and continuing to a point on the northeast corner of Lot 12, Block 11, Homewood Height, said point also being on the south right-of-way line of Flood Street; Thence east along the south right-of-way line of Flood Street, to a point on the east lot line extended of Lot 2, Block 10, Homewood Height; Thence north along the east lot line of Lot 2, Block 10, Homewood Height, to a point on the north right-of-way line of Woods Street; , Thence west along the north right-of-way line of Woods Street, to a point on the east right-of- way line of Redwood Avenue, said point also being on the southwest corner of Lot 1, Block 2, Homewood Height; Thence north along the east right-of-way line of Redwood Avenue to a point on the northwest corner of Lot 16, Block 2, Homewood Height; Thence northeasterly crossing Roosevelt Street to a point on the southeast corner of Lot 4, Block 1, Burnett 2" said point also being on the east right-of-way line of Redwood Street; Thence north along the east right-of-way line of Redwood Street to a point of intersection with the north lot line extended of a tract of land described as 38 feet x 441.8 feet of Block 4, Abstract 296 — J A Scott; Thence west crossing Redwood and continuing along the north lot line of a tract of land described as 38 feet x 441.8 feet of Block 4, Abstract 296 — J A Scott, to a point on the northwest corner of said lot; Thence south along the west lot line of a tract of land described as 38 feet x 441.8 feet of Block 4, Abstract 296 — J A Scott, to a point on the northeast corner of a tract of land described as 0.283 acres, Lot 1, Block 1, Louis Robinson Addition Abstract 296 — J A Scott; Thence west along the north lot line of a tract of land described as 0.283 acre, Lot 1, Block 1, Louis Robinson Addition Abstract 296, to a point on the east lot line of a tract of land described as 0.28 acres, Block 4, Abstract 296 — J A Scott; Thence north along the east lot line of a tract of land described as 0.28 acres, Block 4, Abstract 296 — J A Scott, to a point on the northeast corner of said lot; Thence west along the north lot line of a tract of land described as 0.28 acres, Block 4, Abstract 296 — J A Scott, to a point on the northwest corner of a tract of land described as 50 feet x 300 feet, Block 4, Abstract 296 — J A Scott; Thence south along the west lot line of a tract of land described as 50 feet x 300 feet, Block 4, Abstract 296 — J A Scott, to a point on the north lot line of Lot 1 Pink Mosley Subdivision, Block 4, Abstract 296 — J A Scott; Thence west, south, west along the north lot line of Lot 1 Pink Mosley Subdivision, Block 4, Abstract 296 — J A Scott, to a point on the east lot line of Lot 1 Charles Owens Addition Abstract 296 — J A Scott; Thence north along the east lot line of Lot 1 Charles Owens Addition Abstract 296 — J A Scott, to a point of the northeast corner of said lot; Thence west along the north lot line of Lot 1 Charles Owens Addition Abstract 296 — J A Scott, to a point on the northwest corner of said lot; Thence south along the west lot line of Lot 1 Charles Owens Addition Abstract 296 — J A Scott, to a point on the northeast corner of a tract of land described as 50 feet x 120 feet, Tract 37, Abstract 296 — J A Scott; Thence west along the north lot line of a tract of land described as 50 feet x 120 feet, Tract 37, Abstract 296 — J A Scott, crossing Homes Avenue to a point on the west right-of-way line of Homes Avenue; Thence south along the west right of way of Homes Avenue, to a point on the southeast corner of a tract of land described as 5 acres, Block 4, Abstract 296 — J A Scott, said point also being on the north right-of-way line of the alley between Block 4, Abstract 296 — J A Scott and Block 4, Homewood; Thence west along the north right-of-way line of the alley between Block 4, Abstract 296 — J A Scott and Block 4, Homewood, crossing Smith Street to a point on the west right-of-way line of Smith Street; Thence south along the west right-of-way line of Smith Street, to a point on the south right-of- way line of Tulsa Street; Thence east along the south right-of-way line of Tulsa Street, to a point on the northeast corner of Lot 13, Block 3, Sayles, said point also being on the west right-of-way line of the alley between Block 3, Sayles and Block 2, Homewood; Thence south along the west right-of-way line of the alley between Block 3, Sayles and Block 2, Homewood, to a point on the north right-of-way line of Flood Street, said point also being on the southeast corner of Lot 12, Block 3, Sayles; Thence west along the north right-of-way line of Flood Street, to a point on the west right-of-way line of Park Street, said point also being on the southeast corner of Lot 12, Block 2, Sayles; Thence south along the west right-of-way line of Park Street, to a point on the north right-of-way of the alley within Block 1, Sayles, said point also being on the southeast corner of Lot 13, Block 1, Sayles; Thence west along the north right-of-way line of alley within Block 1, Sayles, to the point of the beginning. �� . `\ _ � = `�11` wl�;` '• � - � � � �� .�' "f�.;` I � ♦ y '�'�/ � � � �' �� � '�`,` �°' � ♦ f � \ r4*�``` � ,F • I � � ♦'i#���r` �i� I � � %� �'� n�d��fl� , � � *",.�r ; .�,����������,. r'�n:"e ��i � � 4'�' �1u��.��1��s'd IIEII't _ � 1� _�� IIIIII!f191i11 1�11111 / � � � IIIIrli1111 RI�11■ °�� �°�.'�`i�! 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