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HomeMy WebLinkAbout2014-196s:\legal\our documents\ordinances\14\nunc pro tune of paa3 annexation ordinance-meritts al redline.doc ' '• AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN INADVERTENT MISTAKE IN ORDINANCE NO. 2010-119 RELATING TO THE ANNEXATION OF AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA3, LOCATED ON THE SOUTH SIDE OF GANZER ROAD, NORTH AND SOUTH OF BAARTHOLD ROAD; NORTH OF FM 1173, WEST OF 1-35, AND MORE SPECIFICALLY DESCRIBED AND DEPICTED IN EXHIBITS "A" AND "B"; SPECIFICALLY BY EXCLUDING TWO PARCELS OF LAND THAT WERE INADVERTENTLY ANNEXED NOTWITHSTANDING THAT THE PARCELS WERE SUBJECT TO SIGNED NON - ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE; PROVIDING FOR A CORRECTION OF THE CITY MAP TO EXCLUDE THE INADVERTENTLY ANNEXED LANDS; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 4, 2010, the City Council adopted Ordinance No. 2010-119, which annexed to the City of Denton, Texas approximately 1,075 acres of land generally identified as "PAA3", as legally described in Exhibit "A" and depicted in Exhibit "B", save and except those parcels listed in Exhibit "C", to Ordinance No. 2010-119 and attached herein; and WHEREAS, the City has recently discovered that two parcels of land were inadvertently annexed to the City as part of PAA3; and WHEREAS, the two parcels of land, as identified in Exhibit "D" and attached herein, were eligible for non -annexation agreements before PAA3 was annexed, because both parcels had valid agricultural land exemptions for ad valorem tax purposes; and WHEREAS, the owners of the two parcels had signed and returned to the City a non - annexation agreement covering both parcels; and WHEREAS, due to a clerical error, the signed non -annexation agreement was not included in Ordinance 2010-042, which ordinance accepted all signed non -annexation agreements for PAA3; and WHEREAS, thus the two parcels were inadvertently annexed into the City via Ordinance No. 2010-119; and WHEREAS, the property owners have requested that this inadvertent mistake be corrected and that their non -annexation agreement be adopted by the City Council as was originally intended; and WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to reflect only those properties within PAA3 that were actually intended to be annexed by the City Council when approving Ordinance No. 2010-119; and sAlegal\our documents\ordinances\Mnunc pro tunc of paa3 annexation ordinance-meritts al redline.doc WHEREAS, Ordinance No. 2010-042, which ordinance adopted all the non -annexation agreements within PAA3, is also being corrected via ordinance, nunc pro tunc, to include the property owners valid non -annexation agreement and to exclude the two parcels retroactively from the City limits and tax rolls; and WHEREAS, the City Council finds that the action taken herein is in the public interest; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Ordinance No. 2010-119 is hereby amended to the limited extent necessary to correct an inadvertent mistake in the annexation of the two parcels, as legally described in Exhibit "D" herein, and as corrected, said two parcels shall be excluded from the parcels within the area of land known as PAA3, which as corrected shall remain as legally described and depicted in Exhibits "A" and "B", save and except those properties described in Exhibit "C". SECTION 3. All other provisions of Ordinance No. 2010-119 not specifically amended herein shall continue in force and effect; however, the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 2010-119, to the extent of any such conflict. SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage and approval. PASSED AND APPROVED this the day of 2014. _._ r CHRIS WATTS, `-MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: fr APPROVED M"'O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: sAlegahour docurnents\ordinancesUftunc pro tunc of paa3 annexation ordinance-merifts al redline.doc Annexation Tract PAA3 (Page 1 of 3) BEGINNING at a point on the present Denton city limits line, described as the southwest comer of an annexation tract established and described in Ordinance 1985-246 and further described therein as being on the centerline of F.M. 1 t73; THENCE North 870 57' East, along the center line of F.M. 1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 310.5 feet to a point for corner; THENCE North 890 39' East, along the center line of F.M. 1173 and along the present Denton city limit tine as established in said Ordinance 1985-246 a distance of 2,153.5 feet to a point for comer, said point also lying 500 feet west of and perpendicular to the center line of interstate Highway 35, said point also being on the westerly line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VI); THENCE South 02® 57' East, parallel to and 500 feet west of the center line of Interstate Highway 35, same being the present Denton city limit line established and described in Ordinance 1969-40 (Tract VI), a distance of 45 feet to a point for comer, said point lying on the south right-of-way line of F.M. 1173 and also being the northeast comer of a City of Denton annexation tract established and depicted in Ordinance 2007-268 (Exhibit A-3 therein), THENCE South 89' 19' 54" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established, described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein), a distance of 1,801 feet to a point for a comer; . THENCE South 88" 07' 35" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 99.83 feet to a point for a corner; THENCE North 880 37' 44" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein.), a distance of 401.49 feet to a point for a corner; THENCE North 840 33'28" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 100.64 feet to a point for a comer; THENCE North 871 39' 59" West along the south right-of-way, line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 1,634.99 feet to a point for a corner, said point lying on the easterly right -of --way I ine of the Kansas City Southern s:\Iegal\our docurnents\ordinances\14\nunc pro tune of paa3 annexation ordinance-meritts al redline.doc Annexation Tract PAA3 (Page 2 of 3) Railway (formerly Gulf, Colorado and Sante Fe Railroad Company), said point also being the northwest corner of said Ordinance 2007-268 annexation tract; THENCE northwesterly, departing the existing Denton city limits and along the arcs, courses and distances of the said easterly railroad righ t -of --way line a total distance of 9,591 feet to a point for a comer, said point being the intersection of the said easterly railroad right-of-way line and the south right of way line of Ganzer West Road; THENCE in an easterly direction, along the courses and distances of the southerly implied right-of-way line of Ganzer West Road a total distance of 8,182 feet to a point for a corner, said point lying on the present Denton city limit line established and described by annexation Ordinance 1997-141; THENCE South 01 1 58' East along the present Denton city limit line established and described by annexation Ordinance 1987-141, a distance of 922 feet to a point for comer, said point being the southwest comer of said Ordinance 1987-141 annexation tract and also lying on the north line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VI); THENCE North 880 531 West along the present Denton city limit line established and described by annexation Ordinance 1969-40 (Tract VI) a distance of 250 feet to a point for comer, said point lying 500 feet west of the said center line if Interstate Highway 35 and being the northwest corner of said annexation Ordinance 1969-40 (Tract VI); THENCE South 00' 44' East parallel to and 500 feet west of said center line of Interstate Highway 35 and along the present Denton city limit line established and described by annexation Ordinance 1969-40 (Tract VI) a distance of 6,087 feet to a point for comer, said point lying 500 feet west of the said center line of Interstate, Highway 35 and being the northeast corner of said annexation tract established and described in Ordinance 1985-246; THENCE North 89"29' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 324.6 feet to a point for corner; THENCE South 89' 1 S' 40" West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,000 feet to a point for corner; THENCE North 890 28' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,034,21 feet to a'point for comer, s:\Iegal\our docurnents\ordinances\14\nunc pro tunc of paa3 annexation ordinance-merius a] redline.doe Annexation Tract PAA3 'age 3 of 3) kK THENCE South 001 25' 30" West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of .1,271.72 feet to a point fA r comer, Is I I I I r#,V1 I DI I 41 Olegal\our documents\ordinances\14\nune pro tune of paa3 annexation ordinance-meritts al redline.doc Exhibit B City of Denton, Texas -1,0 5 Acres C S I t_.J 1—.1 i __ €Feet 0 Soo 1,000 2,000 3,000 B - " s:\legal\our documents\ordinances\14\nunc pro tunc of paa3 annexation ordinance-meritts al redline.doc Exhibit C PAA3 - Exhibit "C" Being Lot 11, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated December 10, 1996 from Anderson Custom Homes, Inc. to Juan A. Figueiras and wife, Shelia Figueiras, filed for record on December 11, 1996 and recorded in Instrument Number 96-R0087262 of the Real Property Records of Denton County, Texas. Said Lot 1, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185229. 2. Being a called 18.73 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain South one-half (1/2) of a called 142.97 acre tract of land, described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Ballard Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 631 of the Official Public Records of Denton County, Texas. Said 18.73 acres, more or less, is commonly known as DCAD Property ID 60790. 3. Being a called 28.69 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain North one-half (1/2) of a called 142.97 acre tract of land, described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Wayne W. Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 629 of the Official Public Records of Denton County, Texas. Said 28.69 acres, more or less, is commonly known as DCAD Property ID 167642, 4, Being Lot 15, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Assumption Warranty Deed dated August 28, 1998 from Lonnie J. Rodgers and wife, Yong Ja Rodgers to Jim R. Lawson and Martha A. Lawson, filed for record on August 28, 1998 and recorded in Volume 4164, Page 1446 of the Real Property Records of Denton County, Texas. Said Lot 15, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185233. 5. Being Lot 12, Block 1 of Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records of Denton County, Texas, as described in that certain Warranty Deed with Vendor's Lien dated August 15, 1996, but to become effective August 16, 1996 from John Holley and Vaughn Andres, d/b/a H & A Investments to Kent E. Wolf and Lori A. Wolfe a/k/a Lori Ann Wolf. Said Lot 12, Block 1 of Ganzer Estates is commonly known as DCAD Property ID 185230, 6. Being 2.50 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049, the S.L. 'Johnson Survey, Abstract No. 683, Denton County, Texas, and being more Page i s:\legal\our documents\ordinances\14\nunc pro tune of paa3 annexation ordinance-meritts al redline.doc fully described as the Save and Except Tract in that certain Assumption Warranty Deed dated August 31, 2005 from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois-D'- Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7, 2005 and recorded in Instrument Number 2005-111889 of the Real Property Records of Denton County, Texas, Said 2.50 acres of land, more or less, is commonly known as DCAD Property ID 60424 and DCAD Property ID 37682, respectively. Being 7.873 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in the First Tract of that certain Warranty Deed with Vendor's Lien dated to be effective April 30, 2008 from Northstar Bank of Texas to J. Mark Hicks, filed for record on May 1, 2008 and recorded in Instrument Number 2008-47139 of the Real Property Records of Denton County, Texas. Said 7.873 acres, more or less, is commonly known as DCAD Properly ID 208223. 8. Being 100 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated January 6, 2000 from Evelyn Maria Barthold, as Trustee of the Ella Barthold Living Trust dated February 17, 1998 to Evelyn Maria Barthold, filed for record on January 7, 2000 and recorded in Volume 4501, Page 1893 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 1.53 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being more fully described in that certain Warranty Deed dated November 24, 1954 from Ella Barthold to Gulf, Colorado and Santa Fe Railway Company, filed for record on February 11, 1956 and recorded in Volume 419, Page 194 of the Real Property Records of Denton County, Texas. The remaining 98.47 acres, more or less, is commonly known as DCAD Property ID 60933. 9. Being a called 73.62 acre tract of land, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas, and being that portion lying East of the Railroad of I I I acre tract described in "Tract Two: Home Place, Tract Two — A' of that certain Warranty Deed dated November 30, 1994 from Fred Lee Barthold to Evelyn Maria Barthold, filed for record on December 5, 1994 and recorded in Instrument Number 94-R0089284 of the Real Property Records of Denton County, Texas. Said 73.62' acres, more or less, is commonly .known as ,DCAD Property ID 38485 and DCAD Property ID 173414, 10. Being Lot 1, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated October 12, 2007 from Russell Wayne White and Vickie Lynn White to Robert C. Cole and wife, Janeva E. Cole, filed for record on October 16, 2007 and recorded in Instrument Number 2007-122318 of the Real Page 2 sAlegal\our documents\ordinances\14\nunc pro tune of paa3 annexation ordinance-meritts al redline.doc Property Records of Denton County, Texas. Said Lot 1, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185219. 11. Being Lot 13, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed with Vendor's Lien dated October 29, 2007 from Steven D. Bradley and Karen M. Bradley to Johnny McQuinn, III and Lisa Sue McQuinn, husband and wife, filed for record on October 31, 2007 and recorded in Instrument Number 2007-128405 of the Real Property Records of Denton County, Texas. Said Lot 13, Block 1, Ganzer Estates, is commonly known as DCAD Properly ID 18523L 12. Being Lot 16, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated to be effective September 2, 2005 from John D. Hesse and wife, Geri Hesse to Dale Wolf and wife, Kimberly Wolf, filed for record on September 13, 2005 and recorded in Instrument Number 2005-114453 of the Real Property Records of Denton County, Texas. Said Lot 16, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185234. 13. Being a called 55.81 acre tract of land, situated in the S. L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being that portion lying outside of the city limits, of a 97.50 acre tract of land described in that certain Special Warranty Deed dated August 31, 2008 from Hassie Hunt Exploration Company to HHEC SpinCo, LLC, filed for record on September 5, 2008 and recorded in Instrument Number 2008-97810 of the Real Property Records of Denton County, Texas. Said 55.18 acres, more or less, is commonly known as DCAD Property ID 37713. SAVE & EXCEPT: That portion lying outside of the city limits, of a called 21.000 acre tract of land, situated in the S. L. Johnson Survey, Abstract No. 683, Denton County, Texas, and described in that certain Special Warranty Deed dated June 17, 2009 from HHEC SpinCo, LLC to Haroldson L. Hunt, Jr. Trust Estate, filed for record on June 22, 2009 and recorded in Instrument Number 2009-75411 of the Real Property Records of Denton County, Texas, Said 21.000 acre tract of land, apparently has not been assigned a DCAD Property ID. 14. Being a 21.000 acres of land, more or less, situated in the S. L. Johnson Survey, Abstract No. 683, Denton County, Texas, and described in that certain Special Warranty Deed dated June 17, 2009 from HHEC SpinCo, LLC to Haroidson L. Hunt, Jr. Trust Estate, filed for record on June 22, 2009 and recorded in Instrument Number 2009-75411 of the Real Property Records of Denton County, Texas. Said 21.000 acre tract of land, apparently has not been assigned a DCAD Property ID. 15. Being a called 108.78 acre tract of land, situated in the S. L. Johnson Survey, Abstract No. 683, and a called 44.473 acre tract of land, situated in the I. Coy Survey, Abstract No. 212, Denton County, Texas, and being that portion lying outside of the city limits, of Page 3 sAlegal\our documents\ordinances\14\nunc pro tunc of paa3 annexation ordinance-meritts al redline.doc a called 181.792 acre tract described on Page 472 of that certain Special Warranty Deed dated December 8, 1989 from J & L Partners, acting by and through its manager, L & J Management Corporation, and its partners Josephine Hughes Sterling and Lewis R. Cauble to Rancho Vista Development Company, filed for record on December 11, 1989 and recorded in Volume 2695, Page 465 of the Real Property Records of Denton County, Texas. Said 108.78 acre tract and 44.473 acre tract are commonly known as DCAD Property ID 37683 and DCAD Property ID 38276, respectively. 16. Being 86.132 acres of land, more or less, situated in the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in Tract 3 of that certain Warranty Deed with Vendor's Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc., filed for record on March `15, 1999 and recorded in Volume 4296, Page 1246 of the Real Property Records of Denton County, Texas. Said 86.132 acres, more or less, is commonly known as DCAD Property ID 79416 and DCAD Property ID 37689, respectively. SAVE & EXCEPT: A 1.00 acre tract of land, more or less, situated in the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated March 24, 2004 from Harlan Properties, Inc. to North Denton Pipeline, L.L.C., filed for record on April 23, 2004 and recorded in Instrument Number 2004-51974 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land, more or less, is commonly known as DCAD Property ID 270484. 17. Being 294.026 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, the John Pearson Survey, Abstract No. 1049 and. the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in Tract 1 of that certain Warranty Deed with Vendor's Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc., filed for record on March. 15, 1999 and recorded in Volume 4296, Page 1246 of the Real Property Records of Denton County, Texas. Said 294.026 acres, more or less, is commonly known as DCAD Property ID 167644, DCAD Property ID 60428, DCAD Property ID 37686 and DCAD Property ID 173412, respectively. SAVE & EXCEPT: A 7.873 acre tract of land, more or less, situated in the John Pearson Survey, Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated to be effective June 18, 1999 from Harlan Properties, Inc. to Robert J. Sullivan and wife, Jennifer L. Sullivan, filed for record on June 28, 1999 and recorded in Volume 4369, Page 1796 and corrected in Volume 4382, Page 487 of the Real Property Records of Denton County, Texas. Said 7.873 acres, more or less, is commonly known as DCAD Property ID 208223, Page 4 sAlegal\our documents\ordinances\14\nunc pro tune of paa3 annexation ordinance-meritts al redline.doc Exhibit D Area PAA3, Line No. 31 and Line No. 34 — Abstract No. 1049., Tract 1(a) d Abstract No. 683, respectively Meritt o!Meritt Buffalo Events, LLC — Owners Being 97.945 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049, the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in that certain Assumption Warranty Deed dated August 31, 2005 from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois-D'-Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7, 2005 and recorded in Instrument Number 2005-111889 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 3.449 acres, more or less, situated in the John Pearson Survey, Abstract No. 1049, Denton County, Texas, described in that certain Quitclaim Deed dated October 17, 2006 from Meritt Buffalo Events, LLC to Bobby Joe Meritt, filed for record on October 26, 2006 and recorded in Instrument Number 2006-132653 of the Real Property Records of Denton County, Texas. The remaining 94.496 acres, more or less, is commonly known as DCAD Property ID 283913 and DCAD Property ID 283909, respectively.