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HomeMy WebLinkAbout23-2366RESOLUTION NO. 23-2366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING 636DENTON DEV COMPANY, LLC’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 16, 2023, 636 Denton Dev Company, LLC (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 generally located North of FM 3 163 and West of FM 2164 in Sanger, Texas and described by metes 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 theconsent 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 legislative discretion 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 in size 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. The motion to approve this resolution was seconded by Br b-L -, Ch,st hq6tc the following \-made by and the resolution was passed and approved by Aye 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: -L ./I ,ZZ .,/ b/ PASSED AND APPROVED this the lli- day Qf Deceb-' be/, 2023. MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY n\\\ ItII III// APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY gaga.- EP' ..„,=.BY. C/ -06'OO' NO id 023_Exhibit A STATE OF TEXAS SS S EP' : / AON Qa4-aDa.fCOUNTY OF DENTON PETITION FOR ETJ RELEASE To the City Manager, Mayor and City Council of the City of Denton: The undersigned owner(s) of the tract of land described below (the “Tract”) hereby petition the City of Denton to release from the present extraterdtorial jurisdiction (“ETJ”) so as to exclude the property described below: Tract Description: Parcel 1 : Denton CAD Property ID: Geographic ID: Abstract: Survey: Acreage: 303 135 AOI 34A-OOO-OO02-OOOA AOI 34A B.B.B. & C. R.R. Survey, At>st. No. 134 13.9153 acres Parcel 2: Denton CAD Property ID: Geographic ID: Abstract : SUIvey: Acreage: 303 144 AO040A-OOO-OO02-OOOA AO040A Samuel K. Blish Survey, Abst. No. 40 53.3947 acres Parcel 3 : Denton CAD Property ID: Geographic ID: Abstract: SUIvey: Acreage: 57481 Al 162A-000-0015-0000 Al 162A John W. Sirnmons Survey, Abst. No. 1163 18.3 acres Collective Tract meets & bounds legal description attached hereto as Exhibit A. Map of the subject Tract attached hereto as Exhibit B. We certify and swear that: 1. We are the sole owners of the Tract; 2. This request for exclusion in Denton ETJ is made voluntarily. We certify and swear that this petition is signed and acknowledged by each and every person and legal entity owning said Tract. Property Owner: 636 Denton Dev Company, LLC Address: 1491 2nd Street, Sarasota, Florida, 34236 D,t„ it Ils- 1 ’ Z'23 State of Texas County of Denton S S S This instrument was acknowledged before me on t ' //5/2623 Officer of 636 Dentoaby –l 042& al i -Authorized Dev Company, LLC, a limited liability company. (Personalized Seal)U2Wza CJt6ql,v Notary Public's ignature DIANE HOGAN Flatfry ID #125625769MY CommissIon ExplresMarch 23 2026 EMIIBIT A LEGAL DESCRIPTION OF THE PROPERTY BEING an 85.12 acre tract or parcel of land situated in the John W. Simmons Survey, Abstract Number 1 163, the Samuel K. Blish Srwey, Abstract Number 40 and the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 134 in Denton County, Twas, and being all of a called 85.61 acre of land described in deed to John Randall PoRn, nQorded in Documart Number 2021-159124 of the Official Records of Denton County, Texas, and being more particularly described by metes and bormds as follows: BEGINNING at a 1/2" iron rod found at the Southwest corner of said 85.61 acre tract and the common Southeast corner of a called 43.78 acre tract of land described in the deed to Cakra Ciputra, recorded in Docurnent Number 2020-103327 of the OMcial Records of Denton County, Texas and the North right-of-way line of Farm to Market Road 3163 (&Elam Road); THENCE North 00'’ 07’ 08" West, with the West line of said 85.61 acre tract and the common East line of said 43.78 acre tract, passing at a distanoe of 3163.85 feet a 3" metal post found at the Northeast corner of a 43.78 acre tract and being an angle point in the East line of a called 548.370 acre tract of land described in deed to John R. Porter Exempt Trust, Ann P. Andrus Exempt Trust and Betty P. Cochran Exempt Trust, recorded in Document Nunber 2013-136476 of the Official Reoords of Denton County, Texas, continuing on said course and with the West line of said 85.61 acre tract and the common East line of said 548.370 acre tract, a total distance of 4092.46 feet to a capped 1/2" iron rod stamped "EAGLE SURVEYING" set at the Northwest corner of said 85.61 acre tract and being an angle point in the East line of said 548.370 ame tract; THENCE North 89' 35’ 15" East, with the North line of said 85.61 acre tract and the common East line of said 548.370 acre tract, a distance of 901.09 feet to a capped 1/2" iron rod stamped"EAGLE SURVEYING" set at the Northeast corner of said 85.61 acre tract and the common Northwest corner of a called 137.50 acre tract of land described in the deed to Brenda Kay Klein Quhing and Stanley Keith Klein, recorded in Document Number 2015-126129 of the OfEcial Records–of DeBtoRmm£T® THENCE South 00' 15' 34" East, with the East line of said 85.61 acre tract and the common West line of said 137.50 acre tract and the common West line of a called 101.4528 acre tract of land described in the deed to Judy Lynn Klein, recorded in Document Number 2019-39991 of the Official Records of Denton Cowrty, Texas, a distance of 4092.34 feet to a 1/2" iron rod foundat the Southeast corner of said 85.61 ame tract and the common Southwest corner of said 101.4528 acre tract and being in the North right-of.way line of said Farm to Market Road 3163; THENCE with the South line of said 85.61 acre tract and the common North rightof-way line of said Farm to Market Road 3163 the following courses and distances: South 89' 57' 59" West, a distance of 173.84 feet to a capped 1/2" iron rod stamped "EAGLESURVEYING"set; South 89' 29' 30" West, a distance of 737.29 feet to the POINT OF BEGINNING and containing85.12 acres of land, more or less. WARRAitrY DEED - Page 4 EXHIBIT B :*1.9 B qB \F PB + VPIt 3W:[[F ’ IV PI I U + ®®3h©5Al1134A BJ_lb_a a inn