HomeMy WebLinkAboutORD 1984-031 ORDINANCE NO. 84-31
AN ORDINANCE ANIENDING ORDINANCE NO. 82-73,
THE CONiPREHII�ISIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXA.S, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE OF
C�2APEVINE, T�B, AND ANIE�]DING ORDINANCE
NO. 70-10, SAME BEING ALSO KNOWN AS
�- APPENDIX "A" OF THE CITY CODE OF THE CITY
OF GRAPEVINE, TEXAS, GRANTING VARIOUS
ZONING CHANGES ON PARCELS OF LAND,
DESCRIBID BY METES AND BOUNDS DESCRZPTIONS
IN TI� BODY OF THIS ORDINANCE, SITUATED IN
THE CITY OF GRAPEVINE, TARRANT COUN'I'Y�
'1'FXA.S; ORDERING CHANGES IN 'I'I� USFS OF SAID
PROPERTIES TO VARIOUS USES AUTfiORIZED AND
PERMITI'ID UNDER C,'OMPREHENSIVE ZONING
ORDINANCE NO. 82-73; CORRECI'ING THE
OFFICIAL ZONING MAP; PRESERVING ALS, OTHER
PORTIONS OF � ZONING ORDINANCE; PROVIDING
A CLAUSE RELATING TO SEVERP,BILITY; DETER-
MINING THAT THE PUBLIC INTERESTS, MORALS
AND GENERAL� WEL�'ARE DII`�IAND A ZONING CHZ�NGE
AND AN�TDMF�IT 'I'��E2EIN MADE; PROVIDING A
PENALTY NOT TO EXCEF,D Tf-� SUM OF ONE
THOUSAND DOI�RS ($1,000.00) AND A SEPARATE
OFFEDTSE SHALL BE DEII��D COMMI�i'ED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
AND D��I�ARING AN II�1CY
WHEREF�S, applications were made to an�nd the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Camnission of the City of Grapevine, Texas, as required by State statutes and
the zoning ordinances of the City of Grapevine, Texas, and all the legal
requirements, conditions and prerequisites having been camplied with, the case
having come before the City Council of the City of Grapevine, Texas, after all
legal notices requirements, conditions and prerequisites having been complied
with; and,
V��, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council did consider the following factors in
making a determination as to whether these requested changes should be granted
or denied; safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the site; safety from fire
hazards and measures for fire control, protection of adjacent property from
� flood or water damages, noise producing elements and glare of the vehicular
and stationan1 lights and effect of such lights on established character of
the neighborhood, location, lighting and types of signs and relation of signs
to traffic control and adjacent property, street size and adequacy of width
for traffic reasonably e�ected to be generated by the proposed use around the
site and in the i.�ediate neighUorhood, adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities, location of
ingress and egress points for parking and off-street locating spaces, and
protection of public health by surfacing on all parking areas to control dust,
effect on the pramotion of health and the general welfare, effect on light and
air, the effect on the overcro�ading of the land, the effect on the
� concentration of population, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
WHEREAS, the City Council of the City of Grapevine, Te.xas, at a public
hearing called by the City Council of the City of Grapevine, Texas, did
consider the following factors in making a determination as to whether this
requested change should be granted or denied; effect on the congestion of the
streets, the fire hazards, panics and other dangers possi.bly present in the
securing of safety fram same, the effect on the pr�tion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrowding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
Hi�RE�S, the City Council further considered �nong other things the
character of the district and its peculiar suitability for particular uses and
with the view to conserve the value of buildings, encourage the most
appropriate use of land throughout this city; and,
W�, the City Council of the City of Grapevine, Texas, does find that
there is a public necessity for the zoning change, that the public demands it,
that the public interest clearly requires the �nendment, that the zoning
changes do not unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS, the City Council of the City of Grapevine, Texas, does find that
the change in zoning lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers; pramotes health and the general
welfare; provides adec�uate light and air; prevents the overcrowding of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public
requirements; and,
�, the City Council of the City of Grapevine, Texas, has determined
that there is a necessity and need for this change in zoning and has also
found and determined that there has been a change in the conditions of the
property surrounding and in close proximity to the property requested for a
change since this property was originally classified and therefore, feels that
a change in zoning classification for the particular piece of property is
needed, is called for, and is in the best interest of the public at large, the
citizens of the City of Grapevine, Te.xas, and helps pramote the general
health, safety, and welfare of this community.
NOW, THEREE'ORE, BE IT ORDAINID BY 'I'HE CITY COUNCIL OF THE CITY OF
GRAPE�IINE, TEXAS:
Section l. That the City of Grapevine Ordinance Nos. 70-10 and 82-73,
being the Camprehensive Zoning Ordinances of the City of Grapevine, Texas,
same being also ]azown as Appendixes "A" and "D" respectively of the City Code
of Grapevine, Texas, be, and the sa� are hereby amended and changed in that
the use of the follawing described parcels of land, the legal descriptions of
which parcels are attached hereto and made a part hereof by this reference,
be, and it is hereby re�lassified as follows:
PARCEL N0. F�M �
A) 45 I-1 PCD
B) 46, 47, 49A R-1 & I-1 HCO
C) 46, 47, 49B R-1 & I-1 HCO
Section 2. Al1 property heretofore developed for single-family
residential piazposes by the construction of single-family, detached
structures, irrespective of the zoning category, shall be deemed conforming
and legal and not non-conforming.
Section 3. Al1 Specific Use permits or Site Plan District zonings that
have heretofore been approved for the public storage, sale, and consiunption of
alcoholic beverages within the legal descriptions contained in this ordinance
are hereby declared to be continuing legal and valid whether already in
operation or not.
Section 4. The City Manager is hereby directed to correct the official
� zoning map of the City of Grapevine, Texas, to reflect the herein change in
zoning.
Section 5. That in all other respects the use of the tract or tracts of
land herein above described shall be subject to all the applicable regulations
contained �n said City of Grapevine zoning ordinance and all other applicable
and pertinent ordinances of the City of Grapevine, Te�s.
Section 6. That the zoning regulations and districts as herein
established have been made in accordance with the comprehensive plan for the
purpose of pramoting health, safety, nbrals and the general w�lfare of the
cca�amznity. They have been designed with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future,
to lessen congestion in the streets; to secure safety fresn fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrowding of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
nornzal business, can�iercial needs and develoFanent of the ca�anunity. They have
been made with reasonable consideration, among other things, of the character
of the district, and its peculiar suitability for the particular uses and with
a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the ca�rnanity.
Section 7. This ordinance shall be ciumzlative of all other ordinances of
the City of Grapevine, Texas, affecting zoning and shall not repeal any of the
provisions ot said ordinances except in those instances where provisions of
those ordinances which are in direct conflict with the provisions of this
ordi.nance.
Section 8. That the ternis and provisions of this ordinance shall be
deemed to be severable and that if the validity of the zoning affecting any
portian of the tract or tracts of land described herein shall be declared to
be i.nvalid, the same shall not affect the validity of the zoning of the
balance of the tract or tracts of land described herein.
Section 9. That any person or corporation who shall violate any of the
provisions of this ordinance or fail to comply therewith, or with any of the
requirements thereof, or who shall build or alter any building or use in
violation of any detailed statement or plan sutmitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a f�ne of not more
than one thousand dollars ($1,000.00) , and each day such violation shall be
pernlitted to exist shall constitute a separate offense. The awner or owners
of any building or premises, or part thereof, where anythinq in violation of
this ordinance shall be placed or shall exist, and any architect, builder,
contractor, agent, person, or corporation �nployed in connection ther�with,
and who may have assisted in the cammission of any such violation, shall be
guilty of a separate offense and upon conviction shall be fined as herein
provided. The City of Grapevine, likewise, shall have the power to enforce
the provisions of this ordinance through civil court action as provided by
state law.
Section 10. The fact that the present zoning ordinance and regulations
of the City of Grapevine, Texas are inadequate to properly safeguard the
health, safety, morals, peace, and general welfare of the inhabitants of the
City of Grapevine, Texas, creates an emergency for the inmediate preservation
of the public business, property, health, safety and general welfare of the
public which requises that this ordinance shall became effective fram and
after the date of its final passage, and it is accordingly so ordained.
PASSID AND APPROVID by the City Council of the City of Grapevine, Texas
on this the 7th day of June, 1984.
P,PPROVID:
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Mayor
ATI'EST:
City Secretary
APPROVID AS TO FORM AND LEGALITY:
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City Attorney
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Parcel 45 - "PCD" Planned Commercial District
A parcel of land located in Grapevine, Tarrant County,
Texas, being more particularly described as follows:
�
BEING a parcel of land, part of the G. F . Martin Sur-
vey, Abstract 1003, part of the W. K. Payne Survey, Abstract
1211 , part of the W. P. .Herring Survey, Abstract 664 , and
part of the Heirs of r�i. Hood Survey , Abstract 699 ;
BEGINNING at a point in the northwesterly line of State
Highway 121 , said point also being that Corps of Engineers
Narker No. 28 of the Fort Worth District;
THENCE S 42° 54 ' 40" West along said northwesterly line
of State Highway 121 a distance of 2265 . 04 feet, more or less ,
to a point for corner, said point being Marker No. 34 ;
THENCE N 4° 10 ' 49" PJest a distance of 1021 . 57 feet ,
more or less, to a point for corner, said point being D"arker
No. 33;
THENCE N 47° 08 ' 09" Vv'est a distance of 425 . 06 feet,
more or less , to a point for corner, said point being Marker
No. 32 ;
THENCE N 42° 52 ' 12" East a distance of 669 . 96 feet,
more or less, to a point for corner, said point being DSarker
No. 31;
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THENCE S 47° 07 ' 05" East a distance of 950 . 73 feet,
more or less, to a point for corner, said point being P�,arker
- No. 30;
THENCE N 42° 48 ' 20" East a distance of 899 . 27 feet ,
more or less, to a point for corner, said point being Plarker
No. 29 ;
THENCE S 47° 07 ' 49" East a distance of 224 . 70 feet,
more or less, to the POINT OF BEGI1`]NING.
City of Grapevine File No. Z80-48
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l.egal �escription
131 acres oLaned bv Frederick Brodsky
On Statc Highway 1"�1 ac.ross Erom International Parkway
Page 1 • . •
A PORTION OF PARC�L NO' S 46, 47 , & 49A
"HCO" Hotel/Corporate Office District .
TR=�CT 02�E:
_ .
All that 'certain lot , tract , o r parcel of l �nd lyino znd being
. situated in Tarran� County , Texas , �no being aescribeo as follou�
&�ING � part of � the HE2�RY SUGGS SURVEY, Abstract �No .�� 14 15 , the
. JAM�S GIBSON. SURVEY, Abstract No. SE6 , �nd the JAN,ES GIBSON SURVE'-
� Abstract No. 587 , and being a part of Tract l ,. �a 96 . �548 acre trac�
and Tract 2 , a 195 . 659 acre tract , as described in Deed filed.
N,arch 27 , 1969 , and recorded in Volume 4701 , Page 192 and 193 , of
. the Deed Records of' Tarrant County., Texas , and being more
. particularly decribed by metes �and bounds as iollows :
�BEGIt�NING at an iron rod for corner in the presen� Northwest line
.State Highway 121 , a 100 foot right-of-way , said point be�ing Soutr
. .49 degrees 12 rriinutes West 305 . 70 feet . from the Southeast corner
of said 195 . 659 acre tzact; . � .
. •. � �.
• . ..
TNENCE North 30 degrees 4 minutes 58' seconds hest 2874 . 96 feet to
a point for corner in the present centerline of Thwest� Road , an
. undedicated 40 foot wide •-County Road ; . • .
� THLt�C� along the present centerline of Thweatt• Road the following :
• ,
rorth 30 degrees 32 �minutes East 97 . 50 feet to a oo�int �
` for corner; '. • .
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North 37 degrees 23 minutes East 247 . 41 feet to a point �
for corner ; . . , .
North 51 degrees 42 minutes East 24�7 ..43 feet to a point
for corner� . �
' . North. 58 degrees 41 minutes East 53 . 53 feet to a point
� � , for corner; . � ' �
_ .. . . _ . .
THENCE South 27 degrees SO minutes East 2916 . 90 feet to a' point fc
corne� in the said present Nor�hwest line of State �Highway 121; .
� TNENCE South 44 degrees 12 minutes t�est 516 . 74 feet elong the saic
present Northwest line of State Highway 121 to the POINT OF
B�Gih2�I2�G and containing �37 . 05�7 acres of land , more or. less �
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: �J� �
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EY, n131T P.
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Page 2
A PORTION OF PARCEL NO' S 46, 47 & 49A
"HCO" Hotel/Corporate �Office District .
T�CT ThO: �
�11 that certain lo� , �rzct , or parcel of land lying and beir.g
situated in Tarrant County , Texas , 'and being oescribed as follous :
, ���NG a part of the HENRY SUGGS SURVEY , �bs�ract 1Jo . 1415 , the
JF*1�S GIBSON SURVEY , Abstract l�o . 586 , and the JAri�S GIBSON .
SU�V:,� , Abstract No. 587 , and being par� o� Tract 1 , �a 96 . 548
�cre tract , and Tract 2 , a 195 . 659 acre tract , as oescribea in .
Deed filed. March 27 , 196'9 , and recorded. in Volume 4701 , azge 192
and . 193 , of the �Deed Records of Tarrant 'Countyr Ter.as , and being � .
� more. particularly described by .metes and boun6s as follows :
BEGI2�i�ING at an iron rod for corner in the present Northwest line
� � � of State Highway�. 121 , a 100 foot right-of-uay , said point being ,
rorth 4� degrees 12 minutes East 211 . 04 � feet �rom �the Southeast
cotner of said 1�y5 . 659 acre tract ;� �, ' , .
Th�NCE North 27 degrees SO minu�es West 2916 . 40 feet to a po�,nt fo�
corner in the pre�sent centerline of Thweatt Road , an undedic�ted'
40 foot wioe County Road; _
T�iENC� along the present •centerline of Thweatt Road the follouing :
.. North 58 degrees 41 minutes East 188 . 21 feet to a p�int
f or corner ; � • • • . , ' �
North 68 oegrees 31 minutes East 258 . 23 feet to a •point
for corner ; ' • • , . _
� ' Nor�h 76 oegrees 36 minutes East 213 . 05 feet to a point •
for corner ; '
� North 89 degrees 54 minutes East 197. 89 feet �to a point
, �� for corner ;
� _ . - T�;ENCE South 23 oegrees 21_minute�s 9g �i�orthaest�linesof• S9zfeet
to .a point for corner in s� ia present
i:igh�ay 121;
� � TY.ENCE South 44 oegrees 12 minutes ��est 609 . O1 fee� alon9 the• sa i
� present TJor�hwest line of S �ate� highway 121 to the POINT Or
• �EGINNZNG , ano containing 43 . 6859 acres of land , more or less .
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. � F� NIJlT A. � .
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Page 3
A PORTION OF PARC�L' NO' S 46, 47, & 49A �
"HCO" Hotel/Corporate Office District
TZ.ACT THREE: � �
All that certain lot , tract , or parcel of land ivinc and beino
s ituated in Tarr�r.� County , Texas , �nd be ing aescr ibed as f o�.loNs :
BEING a part of �he HE1�RY SUGGS SURV�� � �.�s�ract 1�0 . 1Si� , the •
� ��.�;�S GI2SON SURV�Y , Abstract No . 586 , �no �he J�N,rS GIBSOr
' SURV:,� , F:bstrac: No . 587 , and being part of Tr�ct 1 , a 96 . �4B
acre tract , ano Tract 2 , a 195 . 659 acre tract as oesc�ibed in
Deed filed N,arch 27 , 1969 � �nd recordec in Volume 4701 , Page .
192 and 193 , of the Deed Records , Tarrant �ounty , Texas � and
being more• particularly described by me�es and bounds as £o3.lous :
BEGI�rING at an iron rod for co.rner in the present NorthWest line
of State Highway 121 , a 100� foot right-of-way , sai�d point being
. � �North 44 degrees 12� minu�es East 1226 . 06 feet from .the Southezst
corner of said 195 . 659 acre tracti . • ' -
TH:,hCE North 15 degrees 59 minutes �3 sec�nds West 2171 . Ol . feet
to a point for corner in the present cen�erline of Thwez'tt Road ,
an unoeoicated 40 foot wide County Road ; • '� • •
T;-iL2�CE South n8 aesent5centerlineSofoThwe�tdsRoadtto7a� pointefor
. along the said pre
corner at the Northeast corner� of the said 195 . 659 acre tract in
the cen�er of. Thweatt• Road ; •; '
� T�-;�NC;, South 02 oegrees 35 minutes west 1171 . 00 fee � elong the � �
•• �ast line of said 195. 6�59 acre tract and� along an existing ience
line �o an iron rod for corner "at a fence corner post ;
� TY.ENCE South 89 degrees 1? minutes East 107 . 90 feet along an • � .
existing fence � ine to an iron rod for corner at a fence corner
post ; . ' .
' T�;�NCE South 0 degrees 58 ninutes west 675 . 60 feet along ari '
' ex 'is�iny fence line t� an iron rod• for corner in the said presen�
. � t�orthwest line of State HighWay 121; .
TNEI�CE . South 44 oegrees 12 minutes Wes�
313 . 74 feet along the sz
p:esent Northwest 1 ine of St�at�e HighN�y 121�nQ r `nore�orTl�ess ..
��CZNNING an,d. containing 22 . 2. 97 acr� s o:.
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Page 4
A PORTIO?V C-I' PARC.GL NO' S-.46 , 47 & 49A
. "HCO" Hotel/Corporate Off�ice District
^�.'.CT =OUR: �
�11 that certain lo�, tract, or parcel o� lano lying ano being
si ;.;:zted in Tz:rant Coun�y , Texzs , and beinc oesc �ibe� �s follous ;
B�Z?:G a par� o� the �:�2�nY SUGGS SURVEY , Abstrac � ?�o . lt 15 , the
�r.1;�S GIBSON SU�V��, Abstract No . 586 , ano the JA.MES G7�SOt� SURVEY
�bs �ract No . 587 , and being a • pzrt of Tract 1 , z 96 . �48 acre
�tract , and� Tract 2 , a 195 . 659 �acre tract , as described in Deed�
filed t�iarch 27 , 1969 , and recorded in Volume 4701 , Paue 192 and
' . 1°3 , of the 'Deed Records of Tar.rzn� County � Texzs , 'and being more
. par�icularly �described by netes and bounds as �follows : -
S�G�?�t�ING at zn iron rod for corner in �the p:esent Northwest line
o� Sta :.e �:ign�.�ay' 121 , a 100 foot riyht-of-�.�ay , said poin � be�ng .
?:o:�h �4 cegrees 12 ninutes East 820 . 05 fee t f�rom the Southeast
�
co;:,er .or said 195 . 6�9 , acre tract; � � ' � . '� . �
. , � .
. :-�2�C� horth 23 aeg rees 21 ninu tes 49 seconds Wes� •2�97 . 39 fee t to
z poin t for corne�r in ' the presen � cen te rl ine of Thtaea�t Road , an
�ndeQicated SO �oot wide County Road ; • •
. ,
. :i:�NC� along �he present cen terline o� ThNeatt 'Road the. fo?lo�.�ing :
I�orth 89 degrees 54 minutes , East 357 . 66 fee t to a point �
• ,, for corne�r; • . . , � , . ' • . .
South 88 degrees 52 ninutes 30 seconds East 3�7 . 26 feet '-'�' .
� to a point for corner; � - �
':'i-:L2:CE S•outh 15 cecrees • 59 ninutes 43 seconds Eest 2171 . 01 feet
�o a point for corn.er in the said present 2:orthwest line o� State
'r:ig�aay 121; • ' . .
� . . • • , .
T'r:�i:CE Soutn .49 oegrees 12 minutes west. 50�6 . O1 fee � along the saic
' � ��esent Northuest line o:: State Highway 121 to the PCINT OF
bc,G�?�NING and containing 28 . 3002 acres of lznd , more or less .
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cf. HIBIT � .
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Parcel No. 46 , 47 , & 49B - "HCO" Hotel/Corporate Office District
All that certain lot, tract, or parcel of land lying and
being situated in Tarrant County, Texas, and being described
as follows:
Being a part of the Henry Suggs Survey , Abstract No.
1415, the James Gibson Survey, Abstract No. 586 , and the
— James Gibson Survey, Abstract No. 587 , and also being a part
of Tract 1 , a 96 . 548 acre tract, and Tract 2 , a 195. 659 acre
tract, as described in deed filed �4arch 27 , 1969 , and recorded
in Volume 4701 , Page 192 and 193 , of the Deed Records of Tar-
rant County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at a point in the present Northwest line of
State Highway 121 , a 100 foot right-of-way, said point being
S 44° 12 ' W 305 . 70 feet from the Southeast corner of said
195 . 659 acre tract, an iron rod for corner in an existing
fence line;
THENCE S 44° 12 ' W 1845 . 50 feet along the said present
Northwest line of State Highway 121 to a wood fence corner
post for corner, the South corner of said 96 . 548 acre tract;
THENCE N 88° 32 ' 02" W 1367 . 51 feet along the Southwest
line of said 96 . 548 acre tract to an iron rod set for corner
in the present East line of County Road No. 3044 (Thweatt
Road) , a 50 foot right-of-way;
THENCE along the said present East line of County Road
No. 3044 and along an existing fence line the following:
N 00° 56 ' E 144 .41 feet to an iron rod, the beginning
of a curve to the right;
Northeasterly along a circular curve to the right hav-
ing a central angle of 28° 11 ' and a radius of 928 . 95
feet, an arc distance of 456 . 94 feet to an iron rod,
the end of said curve;
N 29° 7 ' E 430 . 69 feet to an iron rod for corner;
N 18° 12 ' E 194 . 50 feet to an iron rod for corner;
N 00° 16 ' W 434 . 70 feet to an iron rod for corner ;
THENCE N 88° 23 ' 30" W 17 . 99 feet to a railroaa spike
set for corner in the center line of County Road rTo. 3044
(Thweatt Road) ;
THENCE along the present center line of Thweatt Road,
an undedicated 40 foot County Road, the following;
N O1° 55 ' E 725. 84 feet to an iron rod set for corner;
N 18° 36 ' E 209 . 62 feet to a railroad spike set for
corner;
� ° 2 ' E 1479 . 29 feet to a railroad spike set for
N 30 3
I� corner, the West corner of that certain 131 . 348 acre
tract, a part of the same Tract 1 and Tract 2 de-
scribed herein previously conveyed by deed;
THENCE S 30° 04 ' 58" E 2874 . 96 feet along the Southwest
line of said 131 . 348 acre tract to the Point of Beginning
and contuining 130 . 3523 acres of land of which 1 . 1036 acres
are within Thweatt Road.