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HomeMy WebLinkAbout2014-198s:\legal\our documents\ordinances\14\nunc pro tune of dh-9 annexation ordinance-polsters al redline.doc • • 1► ► ► • /T� MWA61 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN INADVERTENT MISTAKE IN ORDINANCE NO. 2013-096 RELATING TO THE ANNEXATION OF AN AREA OF LAND OF APPROXIMATELY 298 ACRES TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-9, LOCATED NORTH OF POCKRUS PAGE ROAD, NORTH, SOUTH AND NORTHEAST OF EDWARDS ROAD, AND MORE SPECIFICALLY DESCRIBED AND DEPICTED IN EXHIBITS "A" AND "B"; SPECIFICALLY BY EXCLUDING TWO PARCELS OF LAND THAT WERE INADVERTANTLY 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 April 16, 2013, the City Council adopted Ordinance No. 2013-096, which annexed to the City of Denton, Texas approximately 298 acres of land generally identified as "DH- 9", as legally described in Exhibit "A" and depicted in Exhibit "B", save and except those parcels listed in Exhibit "C", to Ordinance 2013-096 and attached herein; and WHEREAS, the City has recently discovered that two parcels of land were inadvertently annexed to the City as part of DH-9; and WHEREAS, the two parcels of land, as legally described in Exhibit "D" and attached herein, were eligible for non -annexation agreements before DH-9 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 No. 2012-3 62, which ordinance accepted all signed non -annexation agreements for DH-9; and WHEREAS, thus the two parcels were inadvertently annexed into the City via Ordinance No. 2013-096; 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 DH-9 that were actually intended to be annexed by the City Council when approving Ordinance No. 2013-096; and sAlegal\our documents\ordinances\14\nunc pro tunc of dh-9 annexation ordinance-polsters al redline.doc WHEREAS, Ordinance No. 2012-362, which ordinance adopted all the non -annexation agreements within DH-9, 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. 2013-096 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 DH-9, 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. 2013-096 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. 2013-096, 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 i _ day of m , 2014,. CI1Rlv'ATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR 'FD AUTO LEGAL FORM: ANITA BtJ11 LESS, CITY ATTORN1 _Y BY. s:\Iegal\our docurnents\ordinances\14\nunc pro tunc of dh-9 annexation ordinance-poisters al redline.doe EXHIBIT A Exhibit "All — DH-9 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1983-18, Ordinance 1984-17 (Tracts II & 111), Ordinance 1984-97, Ordinance 1986-129, Ordinance 1986-130, Ordinance 1986-214, Ordinance 1986-218, Ordinance 1998-256, Ordinance 1999-262, Ordinance 2004-134 (Tract 11), and. Ordinance 2004-192; and being more specifically described. as follows: BEGINNING at a point described in Ordinance 86-130, said point being on the north boundary line of the property described in Ordinance 84-97 and a point in the center of Swisher Road, said point also being the Point of Beginning of the property described in Ordinance 86-130; THENCE North 001 41' 04" Bast, 1520.87 feet with the center of Swisher Road to a point for a corner; THENCE North 89- 50' 58" Fast, 1655.56 feet to a point for a comer; THENCE northerly along the west line, of the property described in Ordinance 86-130 to a point described in Ordinance 98-256, said point being the southeast comer of the property described in Ordinance 98-256; THENCE North 86' 23' 49" West, 1632.5 to a point for a corner, said point being the point of beginning for the property described in Ordinance 98-256; THENCE North 04' 44' 29" East, 283.1 feet to a pin for a corner; THENCE North 720 081 23" East, 271.89 feet to a point for a comer; THENCE North 88' 59' 12" East, 526.69 feet to a point for a corner; THENCE South 86' 21' 22" East, 150,03 feet to a point for a corner; THENCE South 860 20, 48" East, 704.84 feet to a point on a comer, said point being the northeast corner of the property described in Ordinance 98-256 and on the west line of the property described in Ordinance 86-130; THENCE northerly along the west line of the property described in Ordinance 86-130, said point being the northeast comer of the property, THENCE North 89' 29' 03" East, 1261.48 feet to a point for a comer; THENCE North 000 40' 16" West, 83.55 feet to a point, said point being the beginning of a curve described in Ordinance 86-130; sAlegahour docurnents\ordinances\14\nunc pro tunc of dh-9 annexation ordinance-polsters a] redline.doe THENCE 552.92 feet along the above referenced curve to a point at the end of the curve; THENCE North 21' 19'44" East, 698.69 feet to a point for a corner, said point on a line as described in Ordinance 82-214; THENCE Westerly along a line described in Ordinance 82-214 to a point for a comer, said point being US Army Corps of Engineers (USACE) Monument P-238-W; THENCE along a series of courses and distances as described in ordinance 82-214 as follows; South 82' IS' West, 236.4 feet to USACE Monument P-23 9-W; South 69' 35' West, 556.8 feet to USACE Monument P-240-W; North 38" 59' West, 1140.8 feet to USACE Monument P-24 1-W; South 58" 12' West, 672.9 feet to USACE Monument P-242-W; North 88* 58'West, 547.2 feet to USACE Monument P-243-W; North 17' 12' West, 3413 feet to USACE Monument P-244-W; No 27' 4 V East, 164.7 feet to USACE Monument P-245-W; THENCE South 88' 58' East to a point of intersection with the property described in Ordinance 86-129; 1111 OEM [oil series oT F• k C11-41H CeS ULS (ICSUfliffieCl 111 V01MVIrlCe Oif-ILJ10 d PIRITL 111L TAWMT-M with the east boundary of the property described in Ordinance 83-18; THENCE South 4' 11' 22" West, 744,55 feet to a point for a corner, said point being the southeast comer of the property described in Ordinance 83-18; THENCE Westerly approximately 310 feet to a point of intersection with the property described in Ordinance 2004-192, said point being the northeast comer of said property; THENCE South 02' 30" 20: West, 598.74 feet to a point for a corner; THENCE South 86' 34' 09" East, 289.44 feet to a point for a comer; THENCE South 021 13' 37" West, 296.76 feet to a point for a comer; TI 11' ,NCE Nor th 8 70 3 5' 54" West, 28 8.25 feet to a point for a comer; s:\Iegal\our docurnents\ordinances\14\nunc pro tunc of dh-9 annexation ordinance-polsters al redline.doc THENCE South 02' 28' 11 " West, 303.97 feet to a point for a comer; THENCE South 87' 3 5' 54" East, 288.25 feet to a point in Swisher Road; THENCE South along the center of Swisher Road, approximately 678.27 feet to a point at a comer; THENCE South 89' 3 8' 54" West, 2051 feet to a point for a comer; THENCE North to a point of intersection with the property described in Ordinance 86- 218; THENCE North 89' 47' 12" West, 40.21 feet to a point for a comer; THENCE South 04' 19' 30" West, 1507,29 feet to a point for a comer, said point being the southeast comer of said tract and lying in the center line of Edwards Road and having an intersection of a northerly line of the property described in Ordinance 99-262; THENCE Easterly along the centerline of Edwards Road to a point for a comer; THENCE South 000 21' 39" East, 1328.19 feet to a point for a corner, said point being on the north line of the property described in Ordinance 84-17, Tract 11; THENCE Easterly to a point intersecting the east line of the property described in Ordinance 2004-134, Tract II; 'I'HENCE South 02' 02' 3 1 " West, 724.32 feet to a point for a comer; THENCE North 870 02' 50" West, 73.11 feet to a point for a comer; THENCE South 02' 00' 40" West) 596.16 feet to a point on Po Page Road; THENCE Easterly to the Point of Beginning, containing approximately 298 acres. sAlegahour documents\ordinances\14\nunc pro tune of dh-9 annexation ordinance-polsters al redline.doc m N, I m dr Olegahour docurnents\ordinances\14\nunc pro tune of dh-9 annexation ordinance-polsters al redline.doc Exhibit C 1. Being a 2.492 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated December 7, 2001 from Fredonia Lea Barber and Kim Truelove to Raul Flores and wife, Cynthia Flores, filed for record on December 11, 2001 and recorded in Volume 4981, Page 4381 of the Real Property Records of Denton County, Texas. Said 2.492 acre tract is commonly known as DCAD Property ID 239705. 2. A. Being a 1.06358 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated November 29, 2006 from the Estate of Bonnie Epps Coonrod, Deceased to Ray Grimes and Judy Grimes, filed for record on December 6, 2006 and recorded in Instrument No. 2006- 147878 of the Real Property Records of Denton County, Texas. Said 1.06358 acre tract is commonly known as DCAD Property ID 76954. B. Being a 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated June 28, 1999 from Ronald Grimes to Raymond Lee Grimes and Judith Mae Grimes, filed for record on July 1, 1999 and recorded in Volume 4372, Page 3163 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract is commonly known as DCAD Property ID 164546, C. Being a 105.087 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 23, 1983 from Wesley G. Stewart to Raymond Lee Grimes and wife, Judith Mae Grimes, filed for record on November 30, 1983 and recorded in Volume 1300, Page 340 and corrected in Volume 1411, Page 654 of the Real Property Records of Denton County, Texas, SAVE AND EXCEPT the following eight (8) tracts: 1) A 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 12, 1984 from Raymond Lee Grimes and wife, Judith Mae Grimes to Greg McDaniel and wife, Janet McDaniel, filed for record on May 3, 1984 and recorded in Volume 1394, Page 678 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land is commonly known as DCAD Property ID 113104, 2) A 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully s:\Iegal\our docurnents\ordinances\14\nunc pro tunc of dh-9 annexation ordinance-poisters al redline.doc described in that certain Warranty Deed dated April 12, 1984 from Raymond Lee Grimes and Judith Mae Grimes to Billy Bob Ellison, Jr. and wife, Connie R. Ellison, filed for record on May 3, 1984 and recorded in Volume 1394, Page 685 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land is commonly known as DCAD Property 11) If 310Z 3) A 1.00 acre tract of land, more or less, situated in the Oldeon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated May 4, 1984 fi-orn Raymond Lee Grimes and Judith Mae Grimes to John E. Adelmann and wife, Linda J. Adelmann, filed for record on September 7, 1984 and recorded in Volume 1480, Page 70 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land is commonly known. as DCAD Prqperv 11) 113100. 4) A 13.380 acre tract of land, niore or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and heing more fully described in that certain General Warranty Deed dated March 28, 1986 from Raymond Lee Grimes and wife, Judith Mae Grimes to RMB Land Co., Ltd., filed for record on April 1, 1986 and recorded in Volume 1851, Page 928 of the Real Property Records of Denton County, Texas, Said 13,380 acre tract of land is commonly known as DCAD Property ID 13139. 5) A 4.366 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Correction General Warranty Deed dated Junc 12, 1998 from. Raymond Lee Chimes and Judith Mae Grimes to the City of Denton, filed for record on July 27, 1998 and recorded in Volume 4140, Page 2055 of the Real Property Records of Denton County, Texas. Said 4.366 acre tract of land is commonly known as DCAD Properly ID 199391 and DCAD Property ID 38465, 6) Being a 10,100 acre tract of lend, more or less, situated in the Gideon Walk'cr Survey, Abstract No. 1330, Denton County, Texas, triad being 1-nore fally described in that certain Warranty Deed with, Vendor's Lien dated September 21, 2005 from. Raymond Lee Gfirnes and wife, Judith Mae Grimes to John R, PoIsler and wife, Lisa K. Polaer, filed for record on October 5, 2005 and recorded in Instrument No. 2005-123913 of the Real Property Records of Denton County, Texas; now known as Lot 1, Block I of Polster Addition, an Addition to the E.T.J. of the City of Denton, filed for record on March 7, 2011 and recorded in Instrument Number 2011-42 of the Plat Records of Denton County, Texas. Said 10,100 acre tract is commonly known as DCAD Property fl) 306410. s:\Iegal\our docurnents\ordinances\14\nunc pro tune of dh-9 annexation ordinance-polsters al redline.doc 7) A 10.10 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated September 28, 2007 from Raymond L. Grimes and Judith Mae Grimes to John R. Polster and Lisa Polster, husband and wife, filed for record on October 3, 2007 and recorded in Instrument No. 2007-117718 of the Real Property Records of Denton County, Texas. Said 10.10 acre tract of land is commonly known as DCAD Property ID 524157. 8) Being a 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated June 28, 1999 from Ronald Grimes to Raymond Lee Grimes and Judith Mae Grimes, filed for record on July 1, 1999 and recorded in Volume 4372, Page 3163 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract is commonly known as DCAD Property ID 164546. Commonly known as DCAD Property ID 100087 (Note, called a 66.313 acre tract by DCAD), 3. Being a 1.0959 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated December 31, 1996 from David W. Mason to J. Doss Phillips and wife, Glynnis Phillips, filed for record on January 2, 1997 and recorded in Instrument No. 97-R0000I 17 of the Real Property Records of Denton County, Texas. Said 1.0959 acre tract is commonly known as DCAD Property ID 189728. 4. Being a 9.960 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated October 2, 2000 from Harland E. Stanton, Bobby G. Stanton, Frank J. Stanton, Oneita Stanton and Virginia Stanton to Pyong Uk Yi, filed for record on October 5, 2000 and recorded in Volume 4689, Page 1873 of the Real Property Records of Denton County, Texas. Said 9.960 acre tract is commonly known as DCAD Property ID 38636. 5. Being a 24.58 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated May 2, 1979 from Charles L. Muirhead, Jr. to Guy Wade Willis, filed for record on May 2, 1979 and recorded in Volume 950, Page 492 of the Real Property Records of Denton County, Texas, SAVE AND EXCEPT that portion lying within the existing city limits, leaving a called 14.94 acre tract of land that is commonly known as DCAD Property ID 38580. sAlegal\our documents\ordinances\14\nunc pro tunc ofdh-9 annexation ordinance-polsters al redline.doc Exhibit D 1. Being a 10.10 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated September 28, 2007 from Raymond L. Grimes and Judith Mae Grimes, husband and wife to John R. Polster and Lisa K. Polster, husband and wife, filed for record on October 3, 2007 and recorded in Instrument No. 2007-117718 of the Real Property Records of Denton County, Texas. Said 10.10 acre tract is commonly known as DC.4D Property ID 524157. 2. Being a 10.100 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated September 21, 2005 from Raymond Lee Grimes and wife, Judith Mae Grimes to John R. Polster and wife, Lisa K. Polster, filed for record on October 5, 2005 and recorded in Instrument No. 2005-123913 of the Real Property Records of Denton County, Texas; now known as Lot 1, Block 1 of Polster Addition, an Addition to the E.T.J. of the City of Denton, filed for record on March 7, 2011 and recorded in Instrument Number 2011-42 of the Plat Records of Denton County, Texas. Said 10.100 acre tract is commonly known as DCAD Property ID 306410.