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Home My WebLink About23-2355RESOLUTION NO. 23-2355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING HWY 377PARTNERS. LTD’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 September 1,2023, HWY 377 Partners, LTD. (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 near Lake Ray Roberts Drive 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 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 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 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. s e c o n d e d b J h IL:: :i = :o a PEr==pr i If: 7p!#1: :E n vvasT = = o1 ::= = = SD as rr ?:rIo ve / A the follow ng vote [K - U 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: JJJ b/ J L/ .„/ PASSED AND APPROVED this the i T~ day of Dea...w,/, 2023 ATTEST: JESUS SALAZAR, CITY SECRETARY b\\\\\ II III/// APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Scott Bray g#38HHpn : o 1 3 H 1 1 2 a o 4 2 1 : 3 8 : 2 8BY. c-'’ -06'oo' Exhibit A HWY 377 PARTNERS LTD 1000 TEXAN TRAIL, SUITE 200GRAPEVINE TEXAS 76051 September 1, 2023 Via E-Mail md Certified Mail ReturnReceipt Requested +70112970 0002 0368 4716 City of Denton Mayor and City Councilc/o Jesus Salazar City Secretary City of Denton 215 E. McKinney St.Denton, TX 76201 E-mail: jesus.salazar@ cityofdenton.com Re: Petition for ETJ Release Dear Mr. Salazar, Enclosed with this letter is a Petition for ETJ Release from HWY 377 Partners. LTD.. the owner of property located in the City of Denton's extraterritorial jurisdiction that is the subject of the petition. Please provide a copy of the enclosed petition to the City of Denton Mayor and City Council. If you have any questions regarding this matter, please contact Melissa Lindelow at melissa. lindelowfa)svlandlaw.coIn. Melissa Lindelow, Shupe Ventura, PLLC encl. 2192.0 13\888908. 1 Subsection 42.102(b), Texas local Government CodePetition for ETJ Release TO THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The undersigned HWY 377 Partners, LTD, a Texas limited partnership (the "Petitioner"), acting pursuant to the provisions of Subsection 42.102(b), Texas Local Government Code, petitions the City of Denton, Texas (the ’U!") for the release of the property described and depicted on Exhibit A (the "Property"), a copy of which is attached hereto and incorporated herein, from the City's extraterritorial jurisdiction ("ETJ"). The person signing this petition on behalf of Petitioner resides at 7600 Windswept Trail, Colleyville, Texas 76034, and is authorized to sign on behalf of Petitioner. The Property is currently located within the City's ETJ, and is not located in an area described by Section 42.101, Texas Local Government Code; therefore, the Property is eligible for release from the City's ETJ pursuant to Section 42.102(b), Texas Local Government Code. The undersigned is the sole owner of the Property and holds title to the Property, as indicated by the tax rolls of the Denton County central appraisal district. Pursuant to Subsections 42.105(c) and (d), Texas Local Government Code, (a) the City shall immediately release the Property from the City's ETJ; and (b) if the City fails to take action to release the Property from the City's ETJby the later of the 45th day after the date the City receives this Petition for ETJ Release or the next meeting of the City's governing body that occurs after the 30th day after the date the City receives this Petition for ETJ Release, the Property is released from the City's ETJ by operation of law. SUBMITTED this 1 st day of September, 2023 . [signature page to follow] I)age I 2 192.0 1 3\888829. 1 PETITIONER: HWY 377 Partners, LTD a Texas limited partnership By HWY 377 Partners, GP, LLC Title: President Date of Birth: April 29, 1959 Date of Execution: August 29, 2023 THE STATE OF TEXAS g § $COUNTY OF TARRANT This instrument was acknowledged before me on the 29th day of August, 2023, by Gary Hugh Hazlewood, President of HWY 377 Partners, GP, LLC, a Texas limited liability company and General Partner of Hwy 377 Partners, limited partnership. tedLTD, a T :ship, on behalf of said ;1 s (NOTARY SEAL) CLINT BAKER Notary PuNic, Stete of Texas Comm. Expires 0:}2&2026 Notary ID 131510006 Page 2 2 192.o 1 3\888829. 1 EXHIBIT A METES AND BOUNDS DESCRIPTION AND DEPICTION Or THE PROPERTY All that certain tract of land lying and being situated in the Ezekiel Rogers SUIvey,Abstract Number 1 1 CD, the John Morton Survey, Abstract Number 792 and the Reuben Beebee Survey, Abstract Number 29, Denton County, Texas, bing a part of that certaincalled 249.34:>acre tract of land descriknd in a deed to HWY 377 Partners. Ltd.. as recorded in Instrument Number 2CX)$1 28287, Real Property Records, Denton County, Texas (R.P.R.D.C.T.), and being more padicularly desaiknd by metes & tDunds asfollows Beginning at a 5/&inch Iron rod found for turner, being tFn Northernmost Northeastcorner of said 249.343-acre tract; THENCE South 10 degrees 46 minutes 36 seconds East, along the Easterly line of said249.343-acre tract, a distanee of 739.70 feet to a 5/8-inch iron rod found for corner in same; THENCE South 34 degrees M minutes 07 seoonds V\bst, oontinuing along said Easterly line, a distance of 821.51 feet to a 6-inch wood fence corner post found forcorner in same ; THENCE South 77 degrees 38 minutes OB seconds East, continuing along sad Easterlyline, a distance of 468.68 feet to a 5/&inch iron rod found br comer in same; THENCE South 31 degrees 28 minutes Q1 seconds East, continuing along said Easterly line, a distance of 332.49 feet to a 5/&inch iron rod found br comer in same: THENCE South 41 degrees 1 1 minutes Q7 seconds V\bst, continuing along said Easterly IIne, a distance of 356.06 feet to a point for corner in same, said point marking the tnginning of a non-tangent alrve to the left, havIng a radius of 5,280.00 feet, and achord bearing and distance of North 85 degrees 59 mInutes 51 seconds West. 2,2:n.64feet THENCE over and across said 249.343-aae tract along said curve, an arc distance of 2,247.57 feet to a point for corner in the Westerly line ofuid 249.34:here tract; THENCE North 05 degrees 28 minutes 21 seconds East, along the Wbsterly line of said 249.343qcre tract, a distanoe of 1 6.45 feet to a laDD nail found for corner in same; THENCE North 41 degrees 35 minutes 55 seconds East, continuing along %idWesterty line, a distance of 780.49 feet to a 10-inch wood fence corner pod found for corner in same ; THENCE North 21 degrees 44 minutes 33 seconds East, continuing along saidWesterly line, a distance of 425.53 feet to a 100D nail found for oorner in same; THENCE North 77 degrees 00 minutes 33 seconds East, continuing along said Westerly line. a distance of 51 1.18 feet to a 10-inch wood fence corner post found forcorner in same: Exhibit A . Page 1 2 192.0 13\888829. 1 THENCE North 40 degrees 38 minutes 02 seconds East, continuing along uid Westerly line , a distance of 1 ,044.47 feet to a 100D nail set for corner, being the Northernmost Northwest corner of said 249.343-acre tract; THENCE South 88 degrees 49 minutes 43 seconds East, along the Northernmost lineof said 249.34&acre tract, a didance of 304.44 feet to the POINT OF BEGINNING, containing 56.985 acres of land, more or less. Page 2 2192 ,013\8888298 1 Li iii!! FrIXBa > f&++111// \h _ ,+ +/ii / II \ / t\) ;Bb th)aaD ggb)\D \Ti : ; g : g : i : $ 1 R ! ! \ \ 1I f/V2 \\qTS? ia<, , ! ! \\\ii;;;i \: ii 8 ! !! ! i 1gr 1g iS gd E3 g iq !!!!;}iii! i{§{:g{{ili{iliiii'i iii iiig !!!!g i gl :i:: i i i F