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HomeMy WebLinkAbout23-2365RESOLUTION NO. 23-2365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING CARLOSSANDOVAL’S PETITION FOR REMOVAL OF PROPERTY FROM THEEXTRATERRITORIAL JURISDICTION OF THE CiTY OF DENTON AND DENYING THECITY’S CONSENT TO THE REDUCTION OF THE CITY’S EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 15, 2023, Carlos Sandoval (the “Petitioner”) submitted a petition for the release of property from the extratenitorial jurisdiction of the City of Denton (the “ETJ”), a copy of which is attached hereto as Exhibit A (the “Petition”); and WHEREAS, the property sought to be released is located at 1175 South Trinity Road, Denton, Texas and described by mens and bounds in Exhibit A (the “Property”); and WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, the ETJ of the City may only be reduced if the City Council has exercised its legislative authority to consent to the reduction of the City’s ETJ; and WHEREAS, pursuant to Article II, Section 1 of the Texas Constitution, landowners may not be delegated the legislative authority to remove their property from the City’s ETJ without the consent of the City Council; and WHEREAS, Subchapter D of the Texas Local Government Code Chapter 42 is an unconstitutional delegation of legislative authority and conflicts with the City’s grant of legislativediscretion under Local Government Code section 42.023; and WHEREAS, the City Council finds that it is in the best interest of the City to deny its consent to the Petition, the removal of the Property from the City’s ETJ, and to the reduction insize of the City’s ETJ; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The above recitals are adopted as findings of the City Council. SECTION 2. The Petition for release of the Property from the City’s ETJ is hereby denied. SECTION 3. The City denies consent to the removal of the Property from the City’s ETJ and the reduction in size of the City’s ETJ. SECTION 4. This resolution shall become effective immediately upon its passage and approval. „„„d,d b;hIRE%]hda:$the following vote b -n : Aye J J vr J JJ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6:J _, 2023.PASSED AND APPROVED thi, th, laIR d,y of D£cc,_bc/kaTh ATTEST: JESUS SALAZAR, CITY SECRETARY A StIll III ifDENr APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY g#% ;BE:BY. o/ 1 1 :01 :48 -06'OO’ Exhibit A Development Services401 N Elm St., Denton, TX 76201 • (940) 349-96a)DENTON PetItIon for Release from Extraterritorial JurisdictIon The undersigned does hereby petition for release of 6.9383 acra located at1175 S. TriniLV Road, Denton. TX 76208 h the extraterritorial jurisdiction of the City of Denton, Texas. The property is more particularly described in the attached survey description and shown on the attached map. The undersigned also catifies that the following wquked information concuning the land and ItS inhabitants is reasonably accurate and assumes responsibility for the completion of said information prior to scheduled action on the request of the City ofDenton 1. Is this petition being initiated by either (please indicate yes or no): a. A majority of registered voters in the area of request? . or b. A majority in value of the holders of title of land in the area? X 2. How many dwelling units are located within the area requested for release?1 3.Does the area ofrequ®t include any terdtory within the city limits or extra-territorial jurisdiction of another city? No if yes, which city? 4. Estimated population of the area in request:a. Total: 2 b. Number of Registered Voters: 2 5.Is any part of the area subject to a non-annexation agreernent or strategic partnership agreement with the City of Denton or any other City? Yes Please provIde the additional Items below: E &b Map of the land to be released. Legal description by meta and bounds or lot and block number. Attached petition signatures of the owners of a majority of value of land in the area (based on tax rolls) or of a majority of the registered voters of the area. Updated 8/31/2023 ETJ Petition Checklist Legal Description Being a tract or parcel of land situated in the Moreau Forrest Survey, Abstract Number417 in the City of Denton, Denton County, Texas and being all of a called 3.0 acre tractQf lgnc] described in fhe deaILQaJQn_L_Eldon L. Hawes and Marion F. Hawes Revocable Living Trust, recorded in DocumentNumber 96-RCX)19535 of the Real Property Records of Denton County, Texas and beingall of a called 3.2787 acre tract of land described in the deed to Eldon L. Hawes andMarion F. Hawes as Trustees of the Eldon L. Hawes and Marion F. Hawes Revocable Living Trust, recoded in Document Number 96-R00 1 9534 of the Real Property Records ofDenton County, Texas and being more particu lady described by metes and bounds asfollows BEGINNING at a 1/," iron rod found at the Southwest corner of said 3.0 acre tract and the common Westerly Northwest corner of a called 6.9383 acre tract of land described in the deed to Gary H. Kirchoff. recorded in Volume 2590, Page 238 of the Real PropertyRecords of Denton County, Texas and being in the East line of S. Trinity Road; THENCE North 03'’18'45“ East, with the West line of said 3.0 acre tract and the common East line of S. Trinity Road. a distance of 363.84 feet to a 1/,’' iron rod found at the Northwest corner of said 3.0 acre tract and being in the South line of Lot 1, Block A of Casa Manzi an addition to the City of Denton, recorded in Document Number 2015-26of the Plat Records of Denton County, Texas from which a capped 1/," iron rod stamped“ ARTHUR“ found at the Southwest corner of said Lot 1 bears North 86'’05'32“ West, adistance of 4.39 feet; THENCE South 86'’05’32’' East, with the Norfh line of said 3.0 acre tract and the common South line of said Lot I, a distance of 362.69 feet to a capped 1/,’' iron rod stamped“ARTHUR" found at the Northeast corner of said 3.0 acre tract and the common Northwest corner of said 3.2787 acre tract and being an angle point in the South line ofsaid Lot I THENCE South 81 '’35'05'’ East, with the North line of said 3.2787 acre tract and the common South line of said Lot 1 , a distance of 420.47 feet to a capped 1/," iron rodstamped “R.P.L.S. 41 58'’ found at the Northeast corner of said 3.2787 acre tract andbeing in the North line of said 6.9383 acre tract from which a 1/,“ iron rod found at theSoutheast corner of said Lot 1 bears South 81 '’35’05“ East, a distance of 55.12 feet; THENCE South 03'’ 10’50“ West, with the East line of said 3.2787 acre tract and thecommon North line of said 6.9383 acre tract. a distance of 320.97 feet to a 1/," iron rodfound at the Southeast corner of said 3,2787 acre tract; THENCE North 86'’48’45'’ West, with the South line of said 3.2787 acre tract, the South lineof said 3.0 acre tract and the common North line of said 6.9383 acre tract, a distance of 782.21 feet to the POINT OF BEGINNING and containing 6.28 acres of land more orless ! ! ! ! i i!iii {iiii! ! ! ! ! ! ! ! ! ! !iii!!! ! i!!{ } } } { } { { { { } { { { } } } { g i ii !i ii3 } +IIi I }l ! ! ! ! ! ! ! i ! ! ! ! i !!!!{ } } } ; ! ! ! ! ! ! ! ! i ! ! ! ! ! ! ! ! ! ! !iijfii ii tIi !!! IiI ; ! ! ! ! ! ! ! ! !i ! ! ! !i a : it iii Igii ii-„1 1 :8@1iII 3 !!!! tiand 8 ! ! ! ! ! M Go gle Maps 1 175 S Trinity Rd [-X; Imagery ©2023 Airbus, Maxar Technologies. U.S. Geological Survey. Map data ©2023 Google 50 ft LS r;a. +/+ aa ++ 1175 S Trinity Rd Q) @ @ E Directions Save Nearby Send to Share phone O 1175 S Trinity Rd. Denton. TX 76208 6W3Fi+72 Denton. Texas Denton, T{V£lJJpr};:J)!:bTj ERb'®ailil 401 *{EhSt’ PetItIon Signatures Provide addttk>naI sheets V necessary Name and signatures of Petitioner(s): Name Signature Rexistered Voter ( Y/N) Parcel ID(s )q”--” 1 314t 1 8qq4 Dr Voter (Y/N) Parcel ID(s) Name Signature Parcel ID(s: Name Signature Registered Voter (Y/'N ) Parcel ID(s: Name Signature Registered Voter (Y/N ) Parcel ID( s: Name Signature Registered Voter ( Y,’N) Parcel ID(s) Name Signature Registered Voter ( Y,N) Parcel ID(s) Name Signature Regjstered Voter (Y.'N ) Parcel ID( s) Updated 8/31/2023 ETJ Petition Checklist Date loIBI l20ZgDate Date Date Date Date Date Date 2 Voter CIty of Denton Development Services -Ono6top€hop" One Piace Serving Denion’s De*/e}opmsni Needs 215 E N’TcKinney St Denton, TX 7620'} G (940) 349454]DENTON Owner Authorization Name,(_, CFl O., \{'.r.iO-,,',.\ Compan},Name: L A/\( Cllr H O ) .\\'I, Address: q tie N FA'£1 ++ ’ Ltw"i„: / ic , -Fx , -1 .S O-S 7 Telephone:_Email: CHECK ONE OF THE FOI.LOWING: [] I will represent the appbcadon myself; or El I herEby desinate (name of projea upesurudve) to act in thecapacity as my agent for submittal, processing, repnsentatbn, and/or presenudon of this developmentapplication. The designated agent shall be the principal contact person for responding to all requests forinformation and for resolving all issues of concern telative to this application. I am the owner of the property and further con am that the information provided on this form is true and oorrect. By signing below, I agree that the City of Denton (the aCity”) is authorized and permitted to provide information contained within this application to the public. The City is also authorized and permitted to reproduce any information submitted in connection with the application, if such reptoducdar is associated with the application in response to a Public Information Request. By signing this application, staff is granted access to your property to perform work related to your case. Ownerls Signature:Date: I O i -“i / toLI