HomeMy WebLinkAbout23-2357RESOLUTION NO. 23-2357
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING JOE
ERWIN AND BARBARA ERWIN’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 11, 2023, Joe Erwin and Barbara Erwin (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 on South Bonnie Brae Street,
Denton, 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 legislativediscretion under Local Government Code section 42.023; and
WHEREAS, the Property is subject to re strictive covenants, a copy of which is attached
hereto as Exhibit B, requiring involuntary annexation of the Property into the City under certain
conditions; 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.
seconded b;haUTet:’P8='=hiKFIt' "” '%':=,in IT:a, pE:Jj(dLpp„„,d’::the following vote U -A :
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:
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PASSED AND APPROVED this the Ill- day of Deex„,.,.bef , 2023
nERXMM ’EN
ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEYa% ;F:%BY. U 21 :50:29 -06'OO’
Exhibit A
Development Services
401 N Elm St., Denton, TX 76201 • (940) 349-8600DENTONPetition for Release from Extraterritorial Jurisdiction
The undersigned does hweby petition for release of d / acres located at
373l? g h theexhatenitodal 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 certifies that the followingrequired information concerning 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? b/
2. How many dwelling units are located within the area requested for release?Ho
3. Does the area of request include any territory within the city limits or extra-territorial jurisdiction of
another city? al if yes, which city?
4. Estimated population of the area in request:a. Total: CP
b. Number of Registered Voters: d2
5. Is any part of the area subject to
with the City of Denton or any o
or strategic partnership agreement
Pleasq provide the additional items below:
Af Map of the land to be released.
B' Legal description by metes and bounds or lot and block number.
JR 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
DENTON 401 N Elm St Denton, TX 76201 • (940) 349-8601)9
Petition Signatures
Provide additional sheets ff necessary
Name and signatures of Petitioner(s):
fLa &l. Cro '' r\Name a 7 gg/ W cl -/ Z - '=Z<3Registered Voter Mf) Parcel ID(s) Date
/SignatureBl ? xs JabatRegistered Voter ayN) Parcel ID(s) Date
Name Signature
Registered Voter (’Y/N) Parcel ID(s) Date
Name Signature
Registered Voter (Y/N) Parcel ID(s) Date
:Name Signature
Parcel ID(s) Date
Name Signature
Registered Voter (Y/N) Parcel ID(s) Date
Name Signature
Registered Voter (Y/N) Parcel ID(s) Date
Name Signature
Registered Voter (Y/N) Parcel ID(s) Date
UDdated 8/3 1/2023 ETJ Petition Checklist 2
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RECEIVED
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City Manager’s / CRySecnWs Office
City Secretary
City of Denton
215 E. McKinney St.
Denton, Texas 76201
September 11, 2023
Re: Removal of AIO04A S.A. Prichett, Tr 5, 21.O Acres, OLD DCAD TR#2 from the City of Denton’s ETJ in
accordance with Section 42 of the Local Government Code
Dear City Secretary,
Please accept this petttion to remove the above reference property from the City of Denton’s ETJ .
According to Section 42 of the Local Government Code a petition signed by the majority of the property
owners of a property located in an ETJ can petition removal of the tract from the City’s ETJ. Please
consider this the request to remove Legal Description AICX}4A S.A. Prichett, Tr 5, 21.0 Acres, Old DCAD
TR#2 from the City’s ETJ. The signers below represent 100% of the ownership of the property.
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Barbara Erwin
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County, Texas, all that certaIn property sItuated in the County of
Denton, State of ghxas, deseribe c1 as follow, to-wIt :
All that certain lot, tract or parcel of land situated in the Countyof Denton and State of Texa8, 4 1/2 mIles south 456 W6St from Dentonand beIng part of the most northern S. An Pritchltit Survey, and morepartIcularly described as follows :
BEGINNING 175.2 vr s, south of the nort;beast -corner of the orIgInalsurveys a rock;
@we8t 5911 yrs a rock for corner;
qUEllCE south 331 yrs . a stake in the center of the channel ofHIckory Creek;
TIBNGE down the center of the channel of HIckorY Cfeek as itmeanders to a point where said e?eek CDOs8;es the east bOwldaTYllne of the origInal survey3
THENCE north wIth said east boundarY IIne 184 yrs • !o the placeof begInnIng, eo.ntaining 21 actYes of lands mo=e O= legs '
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8/12/23, 12:33 PM 88(R) SB 2038 - EnniIba version - Bill Text
S.B. No. 020380
AN ACTofrelatingreleasefrom a municipalitytoanarea SjurisdictionextraterritorialbypetitionelectionorBE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS :SECTION 1. Chapter 42 , Local Government Code, is amended byadding Subchapters D and E to read as follows :$VBCHAPTER D, RELEASE OF AREA BY PETITIQN OF LANDOWNER QR RESIDENTFROM EXTRATERRITORIAL JqRISDICT IOPSeQ e 42 11 Ql t APPLICABILITY ! Thi$ subchapter aPe$ nQt appjytQ an a£ea located ;_(1) wIthIn five miles of the bQqndary of q wilj\arvi;>a$er a$ defined bY SeCtion 43.0117 r at which en active ITgjrljngprQqraJn is conducEed;IZ> in an area that wa$ volunt4rily anne+ed int;Q theexi,raterritorial jurisdiction that is located in a county :IA) in which the population grew by mc,>re t,han 50perc Tnt frc?m L.he prQvi<JUg £ederpl degennial kellsus in the federal
deGennial Gen:$tt$ GQndHQted in 202 QF pnc;iJ B> th+t; he$ $ PQPPl#tiQn greater th&n 249l00 OFJJ) wjthin the portic,>n of t,he exEr4EQrritQri RI,juri§dictiQn Qf B mvnicipelit,y wit.h e EJO )UIB[jgn of mg(e thpn 1.4
millicPn that is :JA) within 15 mijes pf Ehe bqupdpry Qf a militaryba$9, as defined by Section 43 , 0117, at which an actjve trpiningprqqram is conducted; andJ&) in a county with a popUlation of mcpFe than twO
m,i,lliQn i JI) in $n are+ de$jqnal;ed as gr1 indugtrial cli$triQtunder Section 42 , 044; orJa) in pn arQe $ubject to a $trateqic PartPQFghiPagreement entete'it into Under Section 43.9751.Sec, n 42 . 102 , AUTHORITY TQ FILE PET*ITiQN FOR RELEASE , (3) A=e6ident Q£ an area in a mvnicip4jit;y'$ extraterrit9rialivrisdjgtior1 may £ile a petjtIQn wjth the municipajity inacgQrdance with thi9 svbchap}er for the #re+ Co be released from the
ex+raterritoria! luFisdlctiop ,lb) The 'wrler '= Qwner$ .£ the m+]grit;y in value qf an 8199coq§jstjnq of one OF more parcels of land jn a municipality 'setstr#terrItorjal l11rjgdiction m+y file a petiti9n With themrtnic ip+litv in accordance with Chi$ subch+pt,er for the Brea to berQIQe$ed from the extraterritorial jurigaigEiQR ,
Sec . 42.103. APPLICABILITY or OTHER LAW. Chapter 277,_EleqtiQn Cede/ gnPlje$ te a petitjon rew?gt£nq removal urlder thje6vl?chapter -Seq . 42.104 , PETITIQN REQUIREMENT$ , (a) A peLiLionrequesting reIe+ ge under thi$ subchapter mV qt be $iqn9c;! by:JD mQre than 39 percent ef the regi$tered VQte£s 9£the arQa de6qrjbed by €he pet,jtion as of the date of the precedjngunifQrm election date; prJa) q ma jQrity in ya:Lye of the holders of tit,Ie of .]PRejn the a£qa desc€jlPee by the petjtic?n, a$ indjcated by t;he taX rollsQf the a2Pliq+ble Qent£al BEp£ai $ al ai$tliQt qlb) A person filing a pq\it,ion VRder !,his $ubchapt,er m FIst$ati$£v the $iqnature reqUirQqent degcr£}?ed by SVbge9tiQn (a) n9€later than the 180th day after the date the £ir$t 8iqnatl.!re £or tb?peC it,Lon is obt#ined._(1) A signatul,e cojleqted under 1,hi$ SQct,ion must hQ inWFitinqJb
8/12/23. 12:33 PM 88(R) SB 2038 - EnIXiled version - Bill Text
.(4) TlIQ petiticpn m\Ist iIIclyde a map Qf the land tQ bTreleased and describe the boundarie§ of the land tQ be {elea9ed IPyIJU nIeCe$ and 1Pounds ; Qrlal Ic?t and bIQCik QUFfbel/ if theTe i $ a recorded mep orELibSeq . 42.105 . RESULTS OF PE:TITIQN, (a) A pe\ieicPnreque$ting re„l91,al under thi§ eu!?gh$pter $hgjl be ve{i fied by themunicipal secreta ty Qr other person re$pgn$iDle Eor verifyingsjgn+tures .lb) The municipality 8hall 11Qti.fy the re§igients andIan'iQwner$ of the area described by the PetitiQn gf the re$y:Lt$ o£the peti,tien . The nvniQiPali Ly may gatt$fy thi$ requirement bynal,ifyjrIq the persQn wht,) filed I,he petit,ion under Sec;Eton 42.102 .la> l£ a resident qr landowner 9btain$ the number qfsiqqatule$ on the petition rQqViTed under Sec;t jgn 42 q 104 tO £elea$ ethe prea from the municipality 1§ Q+tr+t9TFitQri+1 ] pri$diQtion r,Ehe munIQipality shall immedjatejy rejease the area from thenuniQiP+;lit; V 1 s extrPterritorial jurigdiQti9n IJd) if a rrlvnjgjpality faijs to t+ke eqti9n tq 19l99$9 thearea under guI>$ectiQn Ca) by the letier 9£ the 45th day +ft9r thedaj9 the munlcipali+y receives the petiEion or the pe}{t IRQQtinq ofthe municipality’$ qQVerning bQdy that QCqUre aft9£ the 3C)th a$xaftQr the dete the mynigipality receives Che pell+jgn, thq area isrqjea ged by Qperat;iQn 'f :Law._(e) NotwithStanding any gtIleT !ayr an area {elea$ed from amqniQj,pality 1 s ext,reterritorial jurjsdig\ion under this sec,bio(I„:ay rlqt be incjuded in the extraterrit9rial iVrjgdi9tior1 qr theqorporpt,e boundaries of B municip elitE, unless the owner or 9wners9£ the +re+ #vb9eqyerltly requegt that the are+ be included in themunjcjpajity 1 s extr+territorial jurisdiction or col,porete
!?Qundar+q$ .
SUB(,'HAPTE{R E. REIIEA Sh OF ARt.A BY ELECTION FROM EXTRATERRITQftIALJURj$DIeTIONSec . 42.151. APPiri(,'ABILITY , This subqhapt,er does net applxto an area IQGated ;JI) wit,bin five miles of the 1?9pnda Ty Qf p mia,LEarybPser a$ defined by §Q<;tion 43 tQ 1 :L 7 r at which +n active trainingpl:(?!JIM iT$ condu<;tearla)_ in pn aree that was vo lunt+rily annexed jnt,o theeXtreterritQrleI ivrigdi£ tian th+t is l9Qated in a c9unty:_(A) in which the popvlption grew by mgre th Bn 50percent frQm the previ9v8 £edereI decennia:L £en8q6 in the £ederaldecennial census conducted in 2089 ; andIE) th+t hee R 2QPulPtiQn greater than 24Q rae OfJJ) within the p9rtiQn of the extraterrjt9riaIi-lri$dicti9n af a municipality with a p9pulatjqn gf rrlgre th+n 1.4
milliQn t,hat is :IA) within 15 mii99 o£ the b9yrid#rV qf a niljta£vb+ser as aefinQd bY §QctiQn 4379117 r at whiQh Pn aCtive training
p19qram ie QQQ€1Ucte qi!? Pr!<;iJ it in e QQUnty with $ p9pvl$tien of mQre than tWOn;LlliQr\i IIt in en +rea de6jqrleted eg an jrl']ustriel di$trigt;under §ectjon 42,044F orJi> in +n +rea sql?ject tQ a $trateqic partr=er8hinBgreQmQnE entered int,o under $eQEion 43.0751,Sec; r 42 1 152 - AUTHORiTY TO REQVEST ELECTiQN FOR RELBASH ._(a) A resident of an area in a {nvnjQiPPlity1 s qxtrpte{rit9ria1iuri6dicti9'1 may reque$t the munjcipal,itv tO hQld an q;l.ectj9n inaQQordance with ttliB subchapEQr EQ vc,)I,e on the question of whetherto re:Lea$e the area fro„, the mqnicipalitv' $ extrqterritorialjurisdjcQion by filing with the mr,rnicip4ji\y e petit,ion thatinqjude§ the signature$ o£ at leO$t £ive percent qf the req£$t9rqdvote=$ re$i'Jing in thq orea a$ Qf the date qf the preceding unifQrmelectjqn date ,
8/12/23, 12:33 PM 88(R) SB 2038 - Enrolled version - Big Text
_(b) A resident may nQt, Tenre$t +no+her election on t,heqUestion of releasing the same or subst,antially same area f rpm I,he
municip+lity 1 $ extr+t,erritorjal jurisdi(,•t,ion befQle the sect,Ind+nniversary of the date the mt=niclp4jitiV re99jves a petitiOn £ilq'iunder $V12section (2)a_{jc ) The petition must include a mpp of the land to bereleased and de$cribe the hound Brjgg of t;he IOnG t;Q be re lea eea by :Il) metqs and bounds; orIZ> Ic?t and block number / if there i $ a 1:ecQr<led map or
Pl+t .Sec e 42l153 t EL Ec;liaNg fa) Except eg PrQvi(led by $QQtion42 , 156, a municipq lilv pha+1 Qrder an elqc,- Tion pn the question ofvI19;her {9 ;9l90$q on are+ from thq municipality 's extraterritorialjvri$dictIon to bq held gn t,hq fiTgt unif(,)rm election date th+tf+J,1$ gn or after the 90th day after the date the municipality
r9qeives a petiti9n that garr'plig$ wjth $ecti9n 42.152 ,_(b) The municipplity shall hold the election ordered underthi$ section in the prea described by the petition at which t,hegualified \coE.ers of the area described by the petition may vote onthe aye stion of the relea$9 ,la) An election ordered under this sect,ion must, be held int,he $aIRe menFlqr as general elections of t,he municipplity. Themunicipality shajl pay for the Qosts of holding the election .
$eG 1 42 r 154 - REsuLTS OF ELECT leN I (a> The qQvetninq bQaYof a municipality shall canvass ;he election ret,urns for anelection held under thi§ §t,Lk)chapter in 4c€QrcJ+nee with C,hapt,er 67 ,_
819qti9n COde .lb) N.t; later I;tlqn 48 hour$ after t;he canv4#$ Q£ +n eleqtionheld vnder thiq ptrbghppter, Eh9 mvnigip#lity shall no[ify EhQresjdenEs of the area propo§ed tp be Felepsed frcpm themunIQipality1 s extr+{QrritQrial jp{iedictiq>n of the results of theelectIon , The municipality may sat,isfy this requirement byn9ti£vir\q the person who filed the petition under $eQtion 42.152 ,Sec . 42.15 S . RELEASE OF AREA AS RESULT OF 6LEC Cl: iON . (a) ifet the 9legtj9n held Under thj$ 6UbCh+pter a majority qf qUalifiedvo;ers of the area to be released approve Ehe proposed relea$e, themunicipality shell immedIately rQlqas9 the area from t,hemunicipality ’s exEra}erritprial juris(tic,-t,ian ..(b if t,he muniqipaliCV fails t,o tqke act,ian to re lea$e thearea under Subsection ,(a) by Ehq later Qf the nexE meeting of themunicipality 1 s qQver fling body or the 15th day Pf beT I.he canvassd+!e Epr the elegEI(pn, bhP arep }$ TelepgQd by operation Qf 1+w.la) Notwithstanding any other law, an area rejqq$eg frcpm pmunicipality1 s extraterrito€ia1 , jurisdiction vnder t,hi§ gec;tionmay npt be included jn t,he ext,r+l,e{ritQ£,L+1 jt;ri$diction or t,heCC>IPC>1 BEe boundaliQS Qf 4 mupjcipal itE/ qnle9:# tliq 9wner or ownersQf the +FeB $ubsQqvqntly regtle$t, I,hal thq area be included in them-lr'!qjpality'$ extraterriterial juri6diqtj9n qr qqrp9rateboundaries .
Sec, + 42.156 , VOLUNTARY RE]+€'A$E , Instead of holding pneleQticpn under §ec,Lion 42.153 , Elle municipality may VQluntarllyrelease the area for which ;he qlqction is to be held from Ehemyr'icipality'$ ext=aterritorial jvri$dicti9n be£ore t;he d+te onwhich the election would have been held under Section 42.153 (alSECTIOIX 2 . Section 42.021, Local Government Code, isamended by adding Subsection (e)read followstoaslaI An annexation commenced after aanu+ry Ir 2923 x doe$ nQtexpend the extrat9r£jtqrial ]vri$dictiQa of a nqniQiPe=Ljty yn:Le$scontemporaneously wiI,h \be gnaexaEion I,he Qwner or o ifnets Qf thear94 theE wguId be included jn the muq£€ip#:Lity’s ext;{aterritorigljuri§dictjon a$ 4 re$Hlt of the qnqexpEi9p request tha! +hQ +rea beincluded in the munic,•ip+lity1 s extraterrit,orial jurisdic jion .
SECTION 3 . Section 242 . aol, Local Government Code, isamended by adding Subsection (j)read followstoasljJ if an area subject to an agreement under Subsection (E)_
&12123. 12:33 PM 88(R) SB 2038 - Enng led versIon - Bin Text
i9 ren\Qve ci from a municipalit,v' $ extraT9rritorjal juri$diQEion&the 4919ement is tennin elect as t=Q t:he 419+ end the qQunt;y is thePQlitiQal 6\ll?divlsiQn gtI+horized to reqVIB Ee $B!,)divisiQn$ in theremQved atoP.SECTION 4 . A municipality shall release extraterritorialjurisdiction acquired from an annexation commenced after January 1,2023, as necessary to comply with Section 42.021 (e) , LocalGovernment Code, as added by this Act .SECTION 5 . This Act takes effect September 1, 2023 .
President of the Senate Speaker of the House
I hereby certify that S ,B, No , Q203m passed the Senate onApril 27, 2023, by the following vote: Yeas 20, Nays II; and thatthe Senate concurred in House amendments on May 8, 2023, by thefollowing vote : Yea$ 20, Nays ll.
Secretary of the Senate
I hereby certify that SvBn Non CD203 HD passed the House, withamendments, on May 3, 2023, by the following vote: Yeas 127 ,Nays 18, one present not voting.
Chief Clerk of the House
Approved :
Date
Governor
a /O-\,
Exhibit B
RESTRICTIVE covENANrs -
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENrs
COUNFY OF DENTON
.estdctive Covenants’) are’ made and entered into as of
1, by and between the CITY OF DENTON, TEXAS
owners of the hereinafter described real property in(the 't-ity’) ani
Denton County, Texas:
.a.JACKIE E. HOWELL AND WIFE, TONI J. HOWEIL (':Howell’), owners of a
panel or tract of land containing approximately 13.33 acres of land located in the
J. Edmonson Survey, Abstract No. 400, the S.A. Pritchett Survey, Abstract No.
1004, and the William Shang Survey, Abstract No,' 1 174 in Denton County Texas
as more puticularly described in Exhibit “A’ attached hereto and incorporated
herein by reference (“Howell Property”).
b.ASA W. YOUNT AND WIFE, CHARLENE YOUNF ('Yount’), owners a parcel
or tract of land containing approximately 13.33 located in the J. Edmonson
Survey, Abstract No. 400 and the S.A. Pdtcbett Survey Abstract No. 1004 in
Denton County, Texas as more particularly described in that cedain WarrantyDeed dated December 6, 1978 from Jolene Miriam Chellson and husband, Carl
Robert (:henson to Yount recorded in Volume 929, Pages 734-737 of the Deed
Records of Denton County, Texas ('Yount Property”).
C.JACK ARLYN PARKES (“Parkes’), owner of an approximate 38.06 acre parcel
or tract of land located in the J. Edmonson Survey, Abstract No. 400 in Denton
County, Texas as more particularly described in that certain Warranty Deed dated
April 15, 1998 from Jack All)rn Parkes as the Indepardent Executor of the Will
and Estate of Lucille Parkes, Deceased to Parkes recorded in Volume 4073, Pages1207-1211 of the Deed Records of Denton County, Texas (“Parkes Property”).
d.JULE M. SEWELL (“Sewell’), owner of a parcel or tract of land approximately0.940 acre located in the J. Edrnonson Survey, Abstract No. 400 in Denton
County, Texas as more particularly described in that certain General WarrantyDeed With First and Second Vendor’s Liars dated February 6, 1998 from W.
Christopher Reiss and wife, Wanda Sue Reiss to Sewell and recorded in Volume
4026, Pages ]733-1736 of the Deed Records of Denton County (“Sewell
Property”).
e.LONGHORN COUNCIL BOY SCOUT FOUNDATION, INC. (“Foundation”),owner of a parcel or tract of land located in the J. Edmonson Survey, Abstract No.
400 in Denton County, Texas as more paIticularly described in that certainWarranty Deed dated Septanber 17, 1959 Trustees of Boy Scouts of America at
Denton, Texas to the Foundation recorded in Volume 450, Pages 526-527 of the
Deed Records of the Denton County, Texas (“Foundation Property”).
r--.n\
f.TOMMY R. HOLAMON AND WIFE, SHARLET HOLAMON (':Holamon’),owna of a parcel or tract of land containing approximately 15.20 acres,
respectively located in the J. Edmonson Survey, Abstract No. 400 and the S.A.
Pritchett Survey Abstract No. 1004 in Denton County, Texas as more paTticulady
described in those certain Contract of Sale and Purchase dated July 25, 1979
between the Veterans Land Board of the State of Texas and Tommy R. Holamon
recorded in Volume 966, Pages 60-64 df the Deed Records of Denton County,Twas (“Holamon Property’).
g.JOE M. ERWIN (“Erwin”), ownu of a parcel or tract of land containing
approximately 21.00 acres of land, located in the S.A. Pdtchett Survey, Abstract
No. 10(B in Denton County, Texas as more particularly described in that certaininstrument dated October 27, 1972 recorded in the Deed Records of Denton
County, Texas (“Erwin Property”).
(Howell, YouR, Parkes, Sewell, Foundation, Holamon, and Erwin are hereinafter
collectively called the ':Property Owners”. The term Property Owners or
Property Owner includes their heirs, successors and assigns, and all future owners
of any portion of the Property. The Howell Property, Yo IInt Property, Parkes
Propelty, Sewell Property, Foundation Property, Holamon Property, and Erwin
Property are hereinafter collectively called the “Property”.)
WHEREAS, the City has initiated the involuntary annexation of certain real property
including the Property, pursuant to Annexation Case A-102, 'US 377-35W Annexation Area (the“Annexation Case”); and
WHEREAS, the Property Owners have requested that the Property be deleted from the
Annexation Case, in exchange for which they have agreed to enter into these RestrictiveCovenants for the benefit of each other and the City.
NOW THEREFORE, in consideration of the covenants contained in these Restrictive
Covenants, the City and Property Owners agree as follows:
1. The Property Owners hereby declare that all of the Property shall be held, sold
and conveyed subject to these Restrictive Covenants, which are for the purpose of protecting the
value and desirability of, and which shall run with the Property and be binding on all parties
having any right, title or interest in the Property or any part thereof, their heirs, successors and
assigns, and shall inun to the benefit of each Property Owner and the City.
2. The Property Owners covenant and agree with each other and the City that they
will not file for plat-approval on their respective properties until such property has been annexed
into the City. Such annexations shall be considered voluntary requests for annexation. The
Property Owners and all of their heirs, successors and assigns covenant and agree that such
annexation is voluntarily made and shall be considered to be by petition of the ownus of the
Property at the time of such annexation. Plat approval is defined as any plat approval authorized
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by Chaptws 212 or 232 of the Texas Local Government Code, or their successor statutes. The
City is a third party ban6ciary of the covenants betwem the Property Owners.
3. Based on these Restrictive Covenants the City has agreed to delete the Propertyfrom the Annexation Case.
4. Any puson who sells or conveys any portion of the Property shall prior to such
sale or conveyance give separate written notice of these Restrictive Covenants to the prospectivepurchaser or grantee, along with a separate notice to the City including a copy of such writtennotice. Notice to the City shall be addressed as follows:
City ManaguCity of Dalton
215 E. McKinney
Denton, Texas 76201
5. These Restrictive Covenants are to run with the land described herein as the
Property and shall be binding on all parties and all persons claiming under them, and any future
owners of the Property for a period of thirty years from the date these Restrictive Covenants are
recorded. These Restrictive Covenants shan not be amarded without the prior written consent ofthe City
6. These Restrictive Covenants may be enforced by any Property Owner or the City
by any proceeding at law or in equity. Failure by any Property Owner or the City to enforce any
covenant shall in no event be deemed a waiver of the right to do so thereafter.
7. Invalidation of any of the covenants or provisions contained in this instrument by
judgment or court order shall not in any mannu affect any of the other covenants or provisions
herein set forth and all such remaining provisions shall remain in full force and effect.
8. No subsequent change in the law shall in anyway affect the validity or
enforceability of these Restrictive Covenants.
9. This instrument may be separately executed in any number of individual
counterparts, and such counterpart signatures, when assembled together, shall constitute one andthe same instrument.
The parties hereto have executed these Restrictive Covenants as of the date first abovewritten.
CITY OF DEMON, TEXAS
BY:
Euline Brock, MayorATTEST:
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fdh/:#=Waters
City Swretary
APPROVED AS TO FORM:
::1::U"*’"A„'z'; $E. HOWELLA
kqaa,p'„-y,„=t
CHARLENE YOWT
C/7aLL<ham <2&thMLYN PARKF
LONGHORN COUNCIL BOY scourFOUND
a IanITitle IBQI ,SEWELL
a - )I
m£
b+/L-E M. ERWIN
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ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DHVrON )
)
,Hg;„§T’::“''''"''X,,=TTA‘
Notary Public, in and for the State of TexasCHRISTINE A. DICK
g?)+gllf;£xL\
Comm. ExpIres 3'2.2001 My Commission expires: \-J4ct=>I
STATE OF TEXASCOUNTy OF DEIWON )
)
This in?hImeN was acknowledged before me on the gIlay oaWJ &(L;R\L_ r\. . NLg–Notary Public, in and for the State of Texas
by Toni J. Howel]
CHRISTINE A. DICK
sHErIfF+LbJ!!
Comm. ExpIres 3.2.2001 My Commission expires: I>-a-Joo )
STATE OF TEXASCOUNTY OF DENTON )
)
Eg;::::T:=''“““'""'H„==’=a
Notary Public, in and for the State of TexasCHRISTINE A. DICK
st::gljtP+e:Comm Expires 3+200)My Commksion expires: %-b-),’->I
STATE OF TEXAScou}my OF DENTON )
)
m:'?:„T’"’'’':'"]'dg'db'f'’'”'tU.'I-T;,.r : A='-’'INotary Public, in and for the State of Texas
My Commission expires:3---„3-B)I
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STATE OF TEXAScouNrY OF DENTON )
)
Thi, h,t„,m„,tw„ „\„,wl,dged b,fore m, o„ th, abay of Tu,uv,I , &,J \gpW;+:---'-'l JL££;:E:w
Notary Public, in and for the State of TexasCHnlsTIN€ A. DICX
st?iTEtP+gIsComm. ExpIres &2.2001 My Commission expires:3->-RbI
STATE OF TEXAS
couNIY OF DENTON )
)
Zoo I
by
Foundation,’Inc„ on
lcil Boy 'Scout
aic, in and { ma
HE RUARY 12, 2002 My Colnrnission expire;
STATE OF TEXASCOUNTY OF DENTON )
)
This instrument was ad '““"”' T==n.=“aNotary Public, in and for the State of Texas
r%
a:}:FjtPEis
Lorwn. &ptr6s 3'2'200]
My Commission expires: b--)-)c£J
STATE OF TEXASCOUNTY OF DENTON )
)
This instrument was acknowledged before
by Tommy R. Holamon,*'}[:I=='Notary Public, in and for the State of Texas
A. OICKCHRISTINENotary PubIc
Sta1 8 of Texas3.2.2001CoMb ExpIres
My Commission expires:B-}JaJ
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STATE OF TEXAS
COUNTY OF DENTON )
)
,TIT:_::T''''”"'Hl::n=AbNotary Public, in and for the State of Texas'- --'iCHRISTINE &, D,C.':
sH:,'b-?}Lbj!!Corral Exp!:c., 3.2.:(/a My Commission expires: 3-3-aeD /
STATE OF TEXASCOUNTy OF DENTON )
)
!his insbumatt was acknowledged before me on the nhay of l@J Adr’,Tai-. A,b'X–'
Notary Public, in and for the State of Texas
(paIM). ExpIres 3.2-2001 My Commission expires: »-J-DdI
STATE OF TEXASCOUNTY OF DENTON )
)
This instrument was acknowledged
Brock, Mayor of the City of Denton
before me on the day of
Texas, on behg##said ci
2001 by Euline
MW ;4bliMMl
NobryPublq BUte d TensMyCwr$daEW
MAY 9, 2002
&mRYTHE My Commission expires: OgP gP C
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