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ORDINANCE NO W - 4 q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DISANNEXING AND
RELEASING FROM THE CITY'S EXTRATERRITORIAL JURISDICTION A TRACT
COMPRISING 2 107 ACRES, LOCATED WEST OF STATE SCHOOL ROAD NORTH OF
ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION,
AND DECLARING AN EFFECTIVE DATE (A-92)
WHEREAS, pursuant to Section 43 142 of the Texas Local Government Code, home rule
cities are authorized to disannex an area within the city according to rules provided by the
municipal charter, and
WHEREAS, pursuant to Section 43 021 of the Texas Local Government Code, home rule
cities are authorized to fix their boundaries and exchange areas with other municipalities, and
WHEREAS, pursuant to Section 42 023 of the Texas Local Government Code, the ETJ
of a municipality may not be reduced unless the governing body gives its written consent by
ordinance or resolution, and
WHEREAS, the City of Denton and the City of Corinth entered into a Memorandum of
Agreement (MOA), attached as Exhibit A, with regard to the adjustment of city boundaries
between the two cities on February 4, 1999, and
WHEREAS, the subject property is beyond the effective utility and service delivery area
for City of Denton municipal services, and
WHEREAS, pursuant to said MOA, the City of Denton wishes to disannex and release
from the city's extratemtonal jurisdiction a 2 107 acre tract currently within its City limits line
as described in Exhibit A of the MOA so that it may be annexed by the City of Corinth, and
WHEREAS, public hearings were held in the Council Chambers on September 7, 1999,
and September 21, 1999, to allow all interested persons to state their views and present evidence
bearing upon this disannexation and release of extraterritorial jurisdiction, and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton after disannexatton proceedings were instituted and 30 days prior to City
Council taking final action, as required by City Charter, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City of Denton hereby disannexes and releases and relinquishes in
favor of the City of Corinth the tract of land described in Exhibit A of the Memorandum of
Agreement, attached hereto and incorporated by reference, so that the City of Corinth may
institute annexation proceedings with respect to said area
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SECTION 2 That the City's official map is amended to show the disannexation of the
subject property and its release from the city's extratemtorial Iunsdiction
,SECTION 3 Should any part of this ordinance be held illegal for any reason, the holding
shall not affect the remaining portion of this ordinance
SECTION 4 That this ordinance shall become effective immediately upon its passage
and approval /
PASSED AND APPROVED this the - day of // 11999
JACK&WLER,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
eM
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
STATE OF TEXAS §
COUNTY OF DENTON §
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("Agreement') is entered into as of the 4th day
of February, 1999, between the City of Denton, Texas ("Denton"), a Texas home rule
municipality and the City of Corinth, Texas ("Corinth"), a city organized under the
general laws of the State of Texas, and is to witness the following
WHEREAS, Denton and Corinth are adjacent municipalities which desire to make
mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in
width, and
WHEREAS, it appears that the existing city limits lines between Denton and
Corinth bisect a number of residential lots in a subdivision of Denton County known as
Oakmont II, and
WHEREAS, it is the desire of Denton and Corinth to disannex and annex the
tracts described herein to establish a joint city limits line between the two cities that
would not split any lots in the Oakmont II subdivision and would basically run along
property lines as shown by the maps attached hereto as an exhibit, and
WHEREAS, the owner of Oakmont II has expressed its intent to the governing
bodies of both cities that such needed adjustment would be beneficial to the development
of the subdivision and generally to the economic well-being of both cities, and
WHEREAS, both Denton and Corinth deem such agreement to be beneficial to
the public interest and to enhance the future growth and development of both cities, Now,
Therefore,
In consideration of the premises and of the agreements contained herein, Denton
and Corinth agree as follows
I
DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION
101 Denton agrees that it will disannex and waive extraterritorial jurisdiction over the
2 107 acre tract of land described in Exhibit "A", attached hereto and made part hereof
for all purposes, in the manner provided by Chapter 43 of the Texas Local Government
Code and the Denton City Charter
Page 1
19355
102 Corinth agrees that it will disannex and waive extraterritorial jurisdiction over
tracts of 1 469 acres and 0 83 acres respectively, described in Exhibits `B" and "C",
attached hereto and made part hereof for all purposes, in the manner provided by Chapter
43 of the Texas Local Government Code
103 Upon the disannexation and waiver of extraterritorial jurisdiction by Denton and
Corinth as provided in Sections 101 and 102 above, the boundaries of Denton and
Corinth shall be adjusted accordingly, subject to the annexation actions by each
contemplated in Section II
II
ANNEXATIONS
Corinth agrees that it will proceed in the manner authorized by law to annex the
property described in Exhibit "A" Denton agrees that it will proceed in the manner
provided by law to annex the property described in Exhibits `B" and "C" The parties
understand and agree that the existing city limits and the proposed city limits are fairly
and accurately depicted on the annexation exhibit prepared by USA Professional Services
Group, Inc, dated May, 1998, attached hereto as Exhibit "D" and made part hereof for all
purposes
III
ZONING AND PLATS
Both cities recognize that all property that is subject to this Agreement may carry
temporary zoning classifications under the applicable ordinance and be subject to the
platting requirements of the city which will annex such property The parties understand
that the Oakmont subdivision is basically the same in both cities and the appropriate
zoning and platting requirements should not change the current status of the development
IV
CHARACTER OF AGREEMENT, BREACH
The parties agree that this Agreement is entered into only for the disannexation
and annexation of the tracts described herein and is not an interlocal cooperation
agreement for the joint performance of any services by the parties Failure of either City
to perform the terms of this Agreement shall constitute a breach hereof, and the aggrieved
City may file suit in a court of competent of jurisdiction to enforce the provisions of this
Agreement, including recovery of court costs and attorney's fees
Page 2
19355
V
PERFORMANCE
The parties agree that the legislative acts to be performed hereunder will be
coordinated between them so as to be performed simultaneously or as close thereto as
possible, consistent with applicable law
VI
SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid or unenforceable,
the legality, validity or enforceability of the remaining provisions of this Agreement shall
not be affected and shall remain in full force and effect
In witness whereof, Denton and Corinth, acting under the authority of their
respective governing bodies, have caused this Agreement to be executed in duplicate
originals as of the date first written above
CITY OF DENTON, TEXAS CITY OF CORINTH, TEXAS
BY BY
Me0k MAYOR I
A TEST ATTEST
SE TARY CITY SECRETARY
APPROVED AS TO FORM APVROVED AS TO EORK
CITY ATTORNEY - 1A a X- Aln CITY ATTORNEY
(rld/sb 11-17-98)
Page 3
193si
Exhibit "A"
DEANNEXATION FROM THE
CITY OF DENTON, TEXAS
91,797 Square Feet or 2107 Acres
May, 1998
BEING a tract or parcel of land situated in the Stephen Hembne Survey, Abstract
Number 643, in the City of Denton, Denton County, Texas, and being part of a
tract of land conveyed to Lennox Oaks II, L P by Deed recorded in the Real
Property Records of Denton County, Texas, Denton County Clerk's File Number _
and being more particularly described as follows
COMMENCING at a point at the intersection of the East line of State School
Road (a 60 foot wide right-of-way) with the South line of Hidden Oaks (a 75 foot
wide right-of-way), said point also being the Northwest corner of Lot 20, Block 12
of Oakmont Estates — Section One as recorded in Cabinet F, Page 38 of the Map
Records of Denton County, Texas,
THENCE South 15°44'00" East along the East line of said State School Road, a
distance of 144 28 feet to a point for corner,
THENCE South 74016'00" West departing the East line of said State School
Road, a distance of 344 00 feet to the POINT OF BEGINNING,
THENCE North 15044'00" West a distance of 725 15 feet to a point for corner,
THENCE North 87°01'55" East a distance of 119 97 feet to a point for comer,
THENCE North 59*31'13" East a distance of 61 43 feet to a point for corner,
THENCE North 74016'00" East a distance of 82 70 feet to a point for corner,
THENCE South 04012'20" West a distance of 759 83 feet to the POINT OF
BEGINNING and containing 91,797 square feet or 2 107 acres of land, more or
less
Exhibit "B"
ANNEXATION TO THE
CITY OF DENTON, TEXAS
64,006 Square Feet or 1.469 Acres
May, 1998
BEING a tract or parcel of land situated in the Levi Young Survey, Abstract
Number 1451, in the City of Denton, Denton County, Texas, and being part of a
tract of land conveyed to Lennox Oaks Il, L P by Deed recorded in the Real
Property Records of Denton County, Texas, Denton County Clerk's File Number _
, and being more particularly described as follows
COMMENCING at a point at the intersection of the East line of State School
Road (a 60 foot wide right-of-way) with the South line of Hidden Oaks (a 75 foot
wide right-of-way), said point also being the Northwest corner of Lot 20, Block 12
of Oakmont Estates — Section One as recorded in Cabinet F, Page 38 of the Map
Records of Denton County, Texas,
THENCE South 15°44'00" East along the East line of said State School Road, a
distance of 144 28 feet to a point for corner,
THENCE South 74016'00" West departing the East line of said State School
Road, a distance of 344 00 feet to the POINT OF BEGINNING,
THENCE South 15°44'00" East a distance of 387 85 feet to a point for corner,
THENCE South 38°24'50" East a distance of 84 72 feet to a point for corner,
THENCE South 08029'39" East a distance of 57 69 feet to a point for corner,
THENCE South 51035'10" West a distance of 274 93 feet to a point for corner,
THENCE North 04012'20" East a distance of 669 38 feet to the POINT OF
BEGINNING and containing 64,006 square feet or 1 469 acres of land, more or
less
Exhibit "C"
ANNEXATION TO THE
CITY OF DENTON, TEXAS
3,618 Square Feet or 083 Acres
May, 1998
BEING a tract or parcel of land situated in the Levi Young Survey, Abstract
Number 1451, in the City of Denton, Denton County, Texas, and being part of a
tract of land conveyed to Lennox Oaks II, L P by Deed recorded in the Real
Property Records of Denton County, Texas, Denton County Clerk's File Number _
, and being more particularly described as follows
COMMENCING at a point at the intersection of the East line of State School
Road (a 60 foot wade right-of-way) with the South line of Hidden Oaks (a 75 foot
wide nght-of-way), said point also being the Northwest corner of Lot 20, Block 12
of Oakmont Estates — Section One as recorded in Cabinet F, Page 38 of the Map
Records of Denton County, Texas,
THENCE South 74016'00" West a distance of 60 00 feet to a point for corner in
the West line of said State School Road,
THENCE North 15044'00" West along the West line of said State School Road, a
distance of 150 06 feet to a point for corner,
THENCE North 11 °47'00" West continuing along the West line of said State
Road, a distance of 345 77 feet to the POINT OF BEGINNING,
THENCE South 74016'00" West departing the West line of said State School
Road, a distance of 48 70 feet to a point for corner,
THENCE North 04012'20" East a distance of 121 30 feet to a point for comer,
THENCE North 87001'55" East a distance of 15 36 feet to a point for corner in
the West line of said State School Road,
THENCE South 11°47'00" East along the West line of said State School Road, a
distance of 110 90 feet to the POINT OF BEGINNING and containing 3,618
square feet or 0 083 acres of land, more or less
Exhibit D
LOCATION MAP
Exchange of Land with Corinth
Denton
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