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Home My WebLink About1999-428P\4HAPEHNUP L� �mm�ONCNWMAI Oh mIV djw d ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DISANNEXING AND RELEASING FROM THE CITY'S EXTRATERRITORIAL JURISDICTION TWO TRACTS COMPRISING 16 312 ACRES, LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION, AND DECLARING AN EFFECTIVE DATE (A-93) 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 extraterritorial jursidretion 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 May 6, 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 extraterritorial jurisdiction two tracts comprising 16 312 acres currently within its City limits line as described in Exhibits B and C 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 extratemtonal jurisdiction, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after disannexation 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 Exhibits B and C 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 \\OH MMVOLI\9HAR90\DPPT LA H mww\rin.ua\9 93 04l1WI1t IVNSm ftc 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 %/ np11999 VKER,MA��OR ATTEST JENNIFER WALTERS, CITY SECRETARY 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 6thday of May , 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 split a subdivision of Denton County known as Oakmont IV, 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 will enhance the development of Oakmont IV subdivision in each city and be as shown by the maps attached hereto as exhibits, and WHEREAS, the owner of Oakmont IV 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 Corinth agrees that it will disannex and waive extraterritorial jurisdiction over the 17 172 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 102 Denton agrees that it will disannex and waive extraterritorial jurisdiction over tracts of 10 603 acres and 5 709 acres respectively, described in Exhibits `B" and "C", attached Page 1 19355 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 the cities 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 Denton agrees that it will proceed in the manner authorized by law to annex the property described in Exhibit "A" Corinth agrees that it will proceed in the manner provided by law to annex the property described in Exhibits `B" and "C" attached hereto 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 mterlocal 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 a R MAYOR TEST ATTEST TY SEC TARY CITY SECRETARY APPROVED AS TO FORM ROVED AS WF ITY ATTORNEY CITY ATTORNEY (rld/4-23-99) Page 3 19355 EXHIBIT A LEGAL DESCRIPTION TRACT 1 17 110 ACRES BEING a tract of land situated in the Berry Merchant Survey Abstract Number 800, Denton County, Texas and being a portion of that tract of land formerly described by deed to Timbeiglen as recorded in County Clerks Filing Number 95 R0079950 and burg more particularly described by metes and bounds as follows COMMENCING at the most northerly northwest corner of said Timberglen Company tract said point being in the south right-of-way line of Robinson Road ( an 80' Righl-of-way), THENCE S 03 035'36"W, 145181 feet to the POINT OF BEGINNING THENCE S 86055'29"E, 155 87 feet, THENCE N 59*31'5 VE, 79 49 feet to the beginning of a curve to the right, THENCE with said curve to the right, through a central angle of 08'48'43", having a radius of 270 00 feet, the long chord of which bears S 18°04'26"E, 4148 feet, an arc distance of 4153 feet, THENCE N 83023'28"E, 183 73 feet, THENCE S 07058'31"W, 46 39 feet, THENCE S 06036'32"E, 735 13 feet, THENCE S 52055'03"W, 280 98 feet, THENCE S 07014'55"W, 394 58 feet, THENCE S 03049'09"E, 585 42 feet to a point in the City Limit line between the City of Denton and the City of Corinth, THENCE N 85 044'40"W, 365 72 feet along said City Limit line, THENCE N 03006'13"E, 1883 13 feet along said City Limit line to the POINT OF BEGINNING and containing 745,290 square feet or 17 110 acres of land more or less C&B Job No 981727014 S#XXX February 18, 1999 J UOB\98172714\SUR\WP\LEG\G001 OUT Page 1 of 1 1*3GIl3U V1 LEGAL DESCRIPTION TRACT 2 0 062 ACRES BEING a tract of land situated in the A H Serren Survey, Abstract Number 1198, Denton County, Texas and being a portion of that tract of land formerly described by deed to Timberglen as recorded in County Clerks Filing Number 95-R0079950 and burg more particularly described by metes and bounds as follows COMMENCING at the most northerly northwest comer of said Timberglen Company tract said point being in the south right-of-way line of Robinson Road (an 80' Right -of Way), THENCE S03°35'3G'W, 145181 feet, THENCE S 03006'13"W, 1883 13 feet, THENCE S 85044'40"E, 365 72 feet, THENCE S 03 °49'04"E, 3 56 feet to the POINT OF BEGINNING said point being on the City Limit line between the City of Denton and the City of Corinth, THENCE S 02041'50"W, 380 23 feet departing said City Limit line, THENCE S 82017'59"W, 14 37 feet returning to said City Limit line, —THENCE N 04048'42"E, 383 08 feet along said d City Limit line to the POINT OF BEGINNING and containing 2,687 square feet or 0 062 acres of land more or less C&B Job No 981727014 S#XXX February 18, 1999 J \JOB\98172714\SUR\WP\LEG\G004 OUT Page 1 of I �dl 2 2 l S86055 29 E l«l 155 87 B8'T 'bra 1R, 31 51" E 9 49 N83023 28 E f— 183 73 A=08048 43 R=270 00 L=41 53 T=20 80 L C=S18004 26 E 41 48 10 ACRE 17S v tE KWFE v texas L v = 0 F�9wa 3 I w m m 7058 31 W 46 39 m I^ i � SO J3 456 04E I 6 4 72 4" W --A08^Dxi4eTEy�evFe "� A w _ W QLO O � I(1M N ao TRACT 2 o M oM 0062 ACRE aI Q O MN.IE INN£5 OF IEXAS L P � / ¢ 95 IHI®9PJ9 \8 104 3 7 9 W ti EXHIBIT A a w 0 300 600 900 AN EXHIBIT OF TWO TRACTS OF LAND ti 17110 & 0 062 ACRES GRAPH I C SCALE I N FEET 2 SITUATED IN THE BERRY MERCHANT SURVEY V ABSTRACT NUMBER 800 AND THE A H SERREN SURVEY ABSTRACT NUMBER 1198 BENTON COUNTY TEXAS Carter a B�J,s DATE 2-18-99 SHT NO ft=%r°"""°�w.m: N DRAWN TM DESIGNED CARTER a BURGESS INC. ICHECKED JFK x�or-net �9� wm JOB NO 981727014 EXHIBIT B LEGAL DESCRIPTION 10 603 ACRES BEING a tract of land situated in theA H Serren Survey, Abstract Number 1198, Denton County, Texas and being a portion of that tract of land formerly described by deed to Timbeiglen as recorded in County Clerks Filing Number 95-R0079950 and burg more particularly described by metes and bounds as follows COMMENCING at the most southerly southeast comer of said Timberglen Company tract THENCE N 86028'58"W, 1799 70 feet, THENCE N 01 °30'20"W, 17124 feet THENCE N 03 °35'38"E, 643 98 feet to the POINT OF BEGINNING said point being on the City Limit line between the City of Denton and the City of Corinth, THENCE N 80015'38"W, 342 08 feet departing said City Limit line, THENCE N 81 °06'46"W, 30182 feet, THENCE N 09058'23"W, 109 67 feet, THENCE N 1 l °04'33"E, 95 57 feet, THENCE N 46032'45"E, 102 34 feet, THENCE N 14016'30"E, 214 60 feet THENCE N 18050'30"E, 286 00 feet, THENCE S 84054'08"E, 487 65 feet returning to said City Limn line THENCE S 04°52'43"W, 814 96 feet along said City Limit line to the POINT OF BEGINNING and containing 461,887 square feet or 10 603 acres of land more or less C&B Job No 981727014 S#XXX February 18, 1999 J VOB\98172714\SUR\WP\LEG\G002 OUT Page I of I Z Z o 0 -- o o ° U �a �n ui a �m m in oW w as � m � z o� N/401 21466 p0„f NI8-SO _ 2g6030 f va m c r � x � � g o cu o as Cqw UO m r m OENTON CITY LMITS CORINTH CITY LIMITS o 504 52'43P-W 814 96' ng �ao G1 0 c� n = N /7 O O V1 (7 D m rn _ a O Z O m' JLL O O EXHIBIT B AN EXHIBIT OF 10 603 ACRES OF LAND SITUATED IN THE BERRY MERCHANT SURVEY, ABSTRACT NUMBER 800, DENTON COUNTY, TEXAS Cadet a s 8 DATE 2-17-99 �H I NU ` DRAWN TM CARTER A BURGESS INC DESIGNED (",i"itSi�r rn, �nrn- JOB NO 981727014 CHECKED JFK EXHIBIT C LEGAL DESCRIP' 5 709 ACRES BEING a tract of land situated in the A H Serren Survey, Abstract Number 1198, Denton County, Texas and being a portion of that tract of land formerly described by deed to Timberglen as recorded in County Clerks Filing Number 95-R0079950 and burg more particularly described by metes and bounds as follows COMMENCING at the most southerly southeast comer of said Timberglen Company tract THENCE N 86°28'58"W, 1799 70 feet, THENCE N 01 °30'20"W, 171 24 feet to the POINT OF BEGINNING said point being on the City Limit line between the City of Denton and the City of Corinth, THENCE N 85042'20"W, 724 62 feet along said City Limit line THENCE N 04017'40"E, 226 51 feet departing said City Limit line, THENCE N 77°49'41"E, 78 01 feet, THENCE N 65 046'03"E, 293 39 feet, THENCE S 83 034'04"E, 388 31 feet returning to said City Limit line, THENCE S 03 °40'55"W, 374 27 feet along said City limit line to the POINT OF BEGINNING and containing 248,698 square feet or 5 709 acres of land more or less C&B Job No 981727014 S#XXX March 10, 1999 J VOB\98172714\SUR\WP\LEG\G003 OUT Page l of I 0 D = N f> O O r m A O Z O m C UtIVIUN CITY LMITS CORINTN CITY LIMITS Z m N O Z to a a w� MI U W N N m O i C ti o m x ND on AD a MO m Qi n m mm nU N Z'n� ii C O e� W o R./E ° m t p V z N01030120"W - Y9 w z p m X 171 24 OENTON CITY LMITS om t� _m O,d 374 27' CORINTH CITY LIMITS WL ZX OT o �tl tON OM cii JU 99 Cm C�m �n _ :E KZ N z 6 XC Carhwu Bumms D2-1TM y SHT NO DRAWN Cy�yM7ryE�R & BURGESS INC DESIGNED IWn NYMMN JOB NO 981727014 CHECKED JFK