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Home My WebLink About23-2360RESOLUTION NO. 23-2360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING RED BIRDRIDGE. LLC. ASHLEE RIVERS, AND REED RIVERS’S PETITION FOR REMOVAL OFPROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTONAND DENYING THE CITY’S CONSENT TO THE REDUCTION OF THE CITY’SEXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 17, 2023, Red Bird Ridge, LLC, Ashlee Rivers and Reed Rivers (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 200 Oak Ridge Lane, 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 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,db;hi:=3oonjo aF:,IthH:sIu!;nw” T= =,Ii::',=„ pbliCl:ppE,,,da::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: J y ,/ ,/ \/ ,/J PASSED AND APPROVED this the I It- d,y ,f E)ece„_be/. 2023d#Z„* ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\\lllllfll/DE&t I-\= () Ar c/) eeAPPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Scott Bray g/ b %A== 2 o f & J 2 & ? IBY: C'’ 21 :59:06 -06'OO' TO$It IIt\ Exhibit A Development Services 401 N Elm St., Denton, TX 76201 • (940) 349-8600DENTONPetitIon for Release from Extraterdtorial JurIsdIctIon The undnsigned does hneby petition for release of 2.7 ames located at aOUcRbe8Ln,&v#8Tx7m in the extr8terdtorial judsdiction of the City ofDmton, Texas. The property is more particularly described in the attached nwo desaiption and shown on the attached map. The undusigned also wrtifies that the followingrequired information concerning the land and its inhabitants is t%sonably 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 eithn (pl use indicate yes or no):& A majority of registered voters in the area ofnquest? U b. A majority in value of the holdus of title of land in the ar%? Of-) YESB PI lens bela 2. How many dwelling units are located within the area requested for release? None 3. Does the area of request include any tnritory within the city limits or extra-tenitori81 juisdiction of anothn city? u) if yes, which city? 4. Estimated population of the areainnquest: & TonI: 0 (hndontw08tWbth IXXMtony8t} b. Number of Registered Voters: 0 (no PQpulalion yet) 5. Is any part of the area subject to a non-annexation agrmrent or strategic partnership agrwnentwith the City of Denton or any otha City? NO addItional I aaa Map of the land to be releasecl legal description by mates 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. VV =•T[+=AA•H= W = = y n=401 N Elm St., Denton, TX 76201 • (940) 349.8600 PetItIon SIgnatures PIwide addItional sheets V necessary Name and signatures ofPetitioaa(3): Red Bird Ridge LLC ''------A / /: Name SignatureTuM H. Harm T8DO,k RU,L„ned Bid RlmAddtoon BLOCKALOTI / \ Oct 1020 gegistered Voter (Y/M Parcel ID(s) \ \_J Date Red Bird Ridge LLC , Sg.,„„, ' b–ir - IO W C)'t3CD ' *‘CIIMb HUmans TBD Oak Rkb8 Ln Red BIrd Rk19eAddHon BLOCK A LOW 1 m Registered Voter (Y/N) Parcel ID(s) Date Ashbe Rivers Name '’gignature !kW Ln Red BIrd RIdge AddHon BLOCK A LOT 2 Registued Voter (!A) Panel ID(s Reed Rivers Name Signat 200 Oak RIdge Ln Red BIrd AddHm BLOCK A LOT 2 Registered Voter M) Parcel ID(s) Name Sgnatule Registued Voter Parcel ID(s Name Signature Registered Voter Parcel ID(s Name Signature Date Registered Voter Parcel ID(s Name Signature D,t, 23 Date Registered Voter Date '. I .={*Date Parcel ID(s' i hI!!!ig i ! RI: Wi ;Biii8 i A gR'- i8 iiFi Ei f i i ! ! ! ! ! i ! ! i !g !!ig! +, ; *;{E !!i '\ ~\ b<'-„'}„:~$be–:'-I « Petition for Release from ETJ 1 October 1 6, 2023 RED BIRD RIDGE – MINOR PLAT as recorded BLOCK A Lot 1 (1.00 acre) and BLOCK A Lot 2 (1.18 acre) 2.700 acre Owners Certificate STATE OF TEXAS § COUNTY OF DENtON § BEING a 2.700 acre tract of land situated in the Hiram McMurray Survey, Abstract No. 956, Denton County, Texas,and being a part of that certain 25.323 acre tract of land described in a Deed to Red Bird Ridge LLC, as recorded inDocument No, 2016-58870 of the Official Records of Denton County, Texas, and being more particularly described asfollows BEGINNING at a 5/8 inch iron rod with cap stamped "TNP" found for corner in the West line of Fincher Road, said point being the Southeast corner of the above cited 25.323 acre tract, said point also being in the most Easterly Northline of Lot 1, Block 1 per the Final Plat of Ketchum Acres, as recorded in Cabinet W, Page 980 of the Plat Records ofDenton County, Texas; THENCE S 88'55'08" West along the South line of said 25.323 acre tract and the most Easterly North line of said Lot1, for a distance of 200.16 feet to a 5/8 inch iron rod found for the most Southerly Southwest corner of said 25.323acre tract and the Southeast corner of a 1,987 acre tract of land described in a Deed to Hector A, Valadez and Felicia R, Valadez, as recorded in Document No. 2018-80216 of the Official Records of Denton County, Texas; THENCE N 01'04'58" West along the most Southerly West line of said 25,323 acre tract and the East line of said1.987 acre tract, passing a 1/2 inch iron rod found for the Northeast corner of said 1.987 acre tract and the Southeastcorner of a tract of land described in a Deed to Matt Moazami, as recorded in Volume 1475, Page 819 of the DeedRecords of Denton County, Texas, at a distance of 385.17 feet, and continuing along the most Southerly West line ofsaid 25.323 acre tract and the East line of said Moazami tract, for a total distance of 417.33 feet to a 5/8 inch iron rodwith cap stamped "TNP" set for corner, said point being the beginning of a non-tangent curve to the right, from whicha 1/2 inch iron rod found for an interior eII corner of said 25.323 acre tract and the Northeast corner of said Moazami tract bears N 01'04'58'' West a distance of 356.08 feet; THENCE in a Southeasterly direction, departing the most Southerly West line of said 25.323 acre tract and the East line of said Moazami tract, and along said non-tangent curve to the rIght having a central angle of 31'30'11", a radiusof 160.00 feet, a chord bearing of South 70'18'02" East, a chord distance of 86.87 feet and an arc length of 87.97feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the end of said curve; THENCE North 28'42'41" West for a distance of 17.72 feet to a 5/8 inch iron rod with cap stamped "TNP" set forcorner THENCE North 01'04'58" West for a distance of 276.10 feet to a 5/8 inch iron rod with cap stamped "TNP" set forcorner THENCE North 88'54'57" East for a distance of 131.94 feet to a 5/8 inch iron rod with cap stamped "TNP" set forcorner in the East line of said 25.323 acre tract and the West line of Lot 1, Block A per the Final Plat of MurphyArbors, as recorded in Document No, 2019-309 of the Plat Records of Denton County, Texas, from which a 5/8 inchiron rod with cap stamped "TNP'' found for the Northeast corner of said 25.323 acre tract bears North 00'40i44i Westa distance of 950.21 feet; THENCE South 00'40'44" East along the East line of said 25.323 acre tract and the West line of said Lot 1, for adistance of 678.33 feet to the POINT OF BEGINNING, and containing 2.700 acres of land, more or less. Legal description by metes and bounds 1 Red Bird Ridge 2.7 acre