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Home My WebLink About23-2358RESOLUTION NO. 23-2358 A RESOLUTION OF THE CITY couNcn OF Tm CITY OF DENTON DENYING ROBERTHAWK AND CELIA HAWK’S PETITION FOR REMOVAL OF PROPERTY FROM THEEXTRATERRITORLAL JURISDICTION OF THE CITY OF DENTON AND DENYING THECITY’S CONSENT TO THE REDUCTION OF THE CITY’S EXTRATERRITORLAL JURISDICTION; AND PROViDING AN EFFECTIVE DATE. WHEREAS, an insufficient application was submitted on September 12, 2023 and on November 3, 2023, Robert Hawk and Celia Hawk (the “Petitioner”) resubmitted 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 10721 Fincher Road, Argyle, 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 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. _ J I LThSnMT to approve thiieon was made by WU} a:e the following vote K- -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: ,/a L/J / _, 2023.PASSED AND APPROVED this the IZ \ ' day of Deun-bef ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY g#% HY-=.'„';BY. C/’ -06'OO' Exhibit A Development Services401 N Elm St., Denton, TX 76201 • (940) 349-8600DENTON Petition for Release from Extraterritorial Jurisdiction The undersigned does hereby petition for release of 20 acres located at 10721 Fincher Rd- Argyle, TX 76226 h the extraterdtorial 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 following required 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? , orb. A majority in value of the holders of title of land in the area? J( 2. How many dwelling units are located within the area requested for release?1 3. Does the area of request include any territory 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 agreement or strategic partnership agreement with the City of Denton or any other City? No Please provide the additional items below: D D D Map of the land to be released. Legal description by metes and bounds or lot and block number. "“A" " mr"-ws. n14. 1'' ACRE8.'X-'”AI'n#1B€1>'IBa 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. A1645A J. H. MATTHEWS, TR 14, 11.0 ACRES, OLD DCAD TR #1 B(1) & 1 B(3) A1 645A J. H. MATrHEWS, TR 15, 4.4755 ACRES, OLD DCAD TR #1 B A1645A J. H. MATrHEWS, TR 16, 4.4755 ACRES, OLD DCAD TR #1 B(2) Updated 8/3 1/2023 ETJ Petition Checklist ILt? aLE+:-= = FIELD NOTES 19.966 ACRES BEING all that certain lot, tract, or parcel of land situated in the J. H. Matthews Survey Abstract Number 1645 in Denton County, Texas, being all that certain tract of land conveyedby deed from Duane Thomas Hawk et al to Robert Stephen Hawk. recorded in Volume 1485, Page 157, Real Property Records, Denton County, Texas, and being all that certaintract of land conveyed by deed from Duane T. Hawk to Robert Stephen Hawk. recordedunder Clerk’s File Number 97-R0067385, Real Property Records, Denton County, Texas,and being all that certain tract of land conveyed by deed from Gregry Hawk to RobertStephen Hawk. recorded under Document Number 200046835, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a capped iron rod marked RPLS 4561 set for corner in Fincher Road, a public roadway, said point being the northwest corner of that certain tract of land conveyedby deed from Joe Craigg Combs and Marcylle Combs to CM&C Combs Real EstatesInvestments, LLC-Series D Fincher Property-10501 Fincher Road recorded under Document Number 2021-56239, Real Property Records, Denton County, Texas; THENCE S 02' Q5’ 03” E. 773.19 feet with the west line of said CM&C Combs Real Estate Investments tract to a capped iron rod marked RPLS 4561 set for corner in the north line ofLot 1 R, Block M of Kinsy Ill at Briarcreek, an addition to Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 583, Plat Records, Denton County, Texas; THENCE S 89' 08’ 06” W, 87.43 feet with the said north line of said Lot 1 R to a capped iron rod marked 5819 found for corner, said point being the northeast corner of Lot 12FR, Block J of said Kinsy Ill at Briarcreek; THENCE N 89' 56’ 02” W, 1061.74 feet with the north line of said Lot 12R and with the north line of Lots 4 through 11, Block J of Briarcreek Development Fifth Installment, Section 1, an addition to Denton County, Texas according to the plat thereof recorded in Volume 5, Page29, Plat Records, Denton County, Texas, to a capped iron rod marked RPLS 4561 set forcorner in the west line of said Fincher Road; THENCE N 01' 05’ 47” W, 748.49 feet with said west line of said Fincher Road and with theeast line of Lots 7 and 8 . Block A of Creekview Ranch Phase 1, and addition to Denton County, Texas, according to the plat thereof recorded under Document Number 2021-231,Plat Records, Denton County, Texas, and with the east line of Lot 1, Block 1 of KetchumAcres, an addition to Denton County, Texas, according to the plat thereof recorded in Cabinet W, Page 980, Plat Records, Denton County, Texas, and with the east line of Lot 1 , Block A of Red Bird Ridge Addition, an addition to Denton County, Texas, according to theplat thereof recorded under Document Number 2021-34, Plat Records, Denton County,Texas, to an iron rod found for corner at a bend in said Fincher Road; THENCE N 88' 46’ 04” E, 1135.63 feet with said Fincher Road to the PLACE OFBEGINNING and containing 19.996 acres of land.