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Home My WebLink About24-442RESOLUTION NO. 24-442 A RESOLUTION OF THE CITY OF DENTON DENYING JEFFREY BARR AND JOHN BARR’S PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND DENYING THE CITY’S CONSENT TO THE REDUCTION OF THE CITY’S EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 21, 2024, Jeffrey Barr and John Barr (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 5094 Johnson Lane, Argyle, TX 76226 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 Property is subject to restrictive 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. If any section, subsection, paragraph, sentence, clause, phrase, or word in this resolution is held invalid or ineffective by any court of competent jurisdiction, such holding shall llUL allUbl LlID VClllUIL Jf Ul \dllbVLI V v11\pDD ul Ulv 1\d11101111116 F/VlblVllb) VI blll') IV')VIULIVl19 HtlV bllV XUlbJ Council of the City of Denton, Texas hereby declares that it would have adopted such remaining portions despite any such holding. SECTION 5. This resolution shall become effective immediately upon its passage and approval. S e C O n d e d b : h :I)\ t : : : n tWry V e t h i S r e S 0 1 U t i O n VPasT :ht : # the following vote [I -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: / PASSED AND APPROVED thi, th, Iq +" day of 7 ATTEST: JESUS SALAZAR, CITY SECRETARY ,(r/ R hvXJ la Fee he {$./I :/T#=}:{;sAl=D:F;}AFTof:£NEY BY: g/38--- A:=’''“=:'; Exhibit A - Petition Development Services 401 N Elm St., Denton, TX 76201 • (940) 349-8600DEBWON Petition for Release from Ertraterritorial Jurisdiction The undersigned does hereby petition for release of hal acres located at 5094 Johnson Lane, Argyle, TX 76226; A0586A WM Hudson, TR 7, Doc # 202&593 in the extraterritorial 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 cedifies 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 of Denton 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? Yes 2. How many dwelling units are located within the area requested for release? IEg 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: Eau b. Number of Registered Voters: M 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? ya Please provide the additional items below: El Map of the land to be released. El Legal description by metes and bounds or lot and block number. El 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 RESPECIFULLY SUBMIFFED this a day of February, 2024. PETrIIONER JefRey Ban By FJNanme g Date of bjg aAddIHs: { D-hM Date of Sm 7677b THE STATE OF TEXAS COU)WY OF Wnnyt § $ This hstrumeat was uknowledgal bR)re me on this dw, February 14+' , 2024, by JefRey Ban. (SEAL)A of Texas ,2026 Not;rV ID 133579956 RESPECTFULLY SUBMrFTED this Jg day of February. 2024. PETmoNER John Barr B,:lvirName Barr q //3 g76Date of Birth, Address: 368/ £lvd . Date of Signing: 3 a B1: = y Z 7 b I A1 V2+ a 4 e 7 1 n111CII( a111111111rD 70 THE STATE OR HXAS § COUNIY OF ChIII n § Thi, in,U„meat w,s ackno,vl,dged befo,e me on this day, ret,ru,ry Iq . 2024, by John Ban. ( SEAL) LEGAL DESCRIPTION OF PROPERTY TO BE RELEASED 5094 Johnson Lane A0586A WM HUDSON, TR 7, 5.01 ACRES Argyle, TX 76226 Legal Description: All that certain tract or parcel of land situated in the William Hudson Survey, Abstract Number 586, Denton County, Texas, and being a part of a called Second Tract of land described in a deed to Millard Taft Smith recorded in Volume 4267, Page 1280, Real Property Records of Denton County, Texas, and being more particularly described as follows: Beginning at a 1/2" capped iron rod set in the west line of said Second Tract and in the east line of a called 133.5 acre tract of land described in a deed to L.Z. Brown as recorded in Volume 290, Page 382, Deed Records of Denton County, Texas and also in the west line of Johnson Lane; Thence North 89 Degrees 36 Minutes 51 Seconds East with a north line of the herein described tract, a distance of 252.60 feet to a 1/2" capped iron rod set for the northern northeast corner of the herein described tract; Thence South 01 Degrees 01 Minutes 51 Seconds West with or near a fence line, a distance of 304.44 feet to a 1/2" capped iron rod set for corner in or near the center of said Johnson Lane and at the start of a curve to the right having a radius of 216.90 feet; Thence with the said curve to the right and with said Johnson Lane an arc length of 132.57 feet and having a chord bearing of South 52 Degrees 57 Minutes 05 Seconds East, 130.52 feet to a 1/2" capped iron rod set for corner in the intersection of said Johnson Lane and with the west right-of-way line of Texas and Pacific Railroad; Thence South 28 Degrees 12 Minutes 43 Seconds West with the said west right-of-way line, a distance of 754.61 feet to a 2" pipe found for the south corner of said Second Tract; Thence North OO Degrees 17 Minutes 52 Seconds East with west line of said Second Tract, a distance of 1046.31 feet to the POINT OF BEGINNING and containing 5.01 acre of land, more or less. DEMON CAD WEB MAP OF PROPERTY TO BE RELEASED gH 11-1 LJ 978798 ’87 978800 aTT. FE. CiB! Eligil l Parc$b: BARR, JEFFREY & BARR, JOHN 263r7 64' V ew MOre PfQPeay :nfQrmetiQn Click here :o :)9wnlcpad FlaT Property Informat-on Property ID: 64756 Lngal Acreage: 5.07 Legal Description: A0586A WM HU )SC>hi, TR 7, 5,07 ACRES Tract or Lot: 7 Abstract Subdivision Code : A0586 A Black: School District 505 City Limits: 268146 556828 I 64758 556829 198917 Property Location jg.„ t. 188895 E--IL F7F iq;} }6+W [f 73909 4741 180250, 188893 L31: a 2+9: 64750 71 2491 85 188894 [6.36951 ++11{1 3074a4 64747 64759 19 770382 lilu, 111 i +68B'SOtna P 7 1148€7 114865468851 DENTON CAD WEB ABSTRACT OF PROPERTy TO BE RELEASED ABST 5 8 C>W. HUDSON SUR A gII Aaei aI a • 9 ab It 181 I1 .3't+ '‘ I BfI REbaRle flem6w\TES f,\-t44 It l206 A 4&g (ID 1671 .r a\ d /16. 586 DR te: 2/ SeT 86e-r. +1 iP f 993 0098 ] Exhibit [] RESTRICTIVE COVENANTS STATE OF TEXAS } } } KNOW ALL MEN BY THESE PRESHVrs couvrY OF DENTON 02190'/ ,hT_HESE Re$tdctive Covmaats ('!R%trictive Covalmts’) me made and mtered into as of the 7 day of -llbqxJ/Ml J_ , 2(X)1, by mId between the CIFY OF DENTON, TEXAS (the “City’) and the hereinaft–erhmtioned ownms of the haeiaaRn described real property in Dmton County, Texas: a AT ,BERT R. HUGHES ('!Hughes”), ownm of an approximate 92.382 acre parcel or tract of land located in the B.B.B. & C.R.R. Survey, Abstract No. A-159 in Dmton County, Texas as more particululy desuibed in that certain Warranty Deed dated D member 20, 1991 from Ammican Bank N.A. to Hughes and recorded in Volume 3129, Pages 752-757 of the Deed Rwords of Denton County, Texas ('fHughes Property’). ! b.ANGELA DObUNGUEZ AND MICHAEL Join{ BARBER (“Dominguw & Barber”), ownns of two panels or tracts of land approximately 2.0(D acra md 32.390 acrw, nspoctively, located in the B:B.B. & C.R.R Survey, Abstract No. A-159 in Denton County, Texas as more puticularly dauB)ed in that certain Wanmty Deed dated June 12, 1998 Rom Linda AIred Fox as Trustee of the Marie AIred Stinchoomb Tatamentary Trust to Dominguez & Barba rworded in Volume 4357, Pagw 240-242 of the Deed Records of Denton County, Texas (“DQminwez P1.p'rtfl. C.JERRY A. MCCUFCHIN ('!McCutchin’), owner of an approximate 147.580 ame parcel or tract of land located in the B.B.B. & C.R.R. Survey, Abstract No. A-159 in Denton Cormty, Twas as more particularly described in that certain Warranty Deed dated July 20, 1994 &om Real Property Exchange, L.C. to McCutchin recorded in Denton County Clnk Cati6cate No. 9bR0057622 of the Deed Records of Denton Cotmty, Texas ('tMcCutchin Property’). d JERRY L. BLOCKER ('Blooka'), owner of two panels or tracts of land approximately 10.108 ames and 3.550 aau, respectively, located in the B.B.B. & C.R.R Survey, Abstract No. A-159 in Denton County, Texas as more particularly described in those certain two Warranty Deeds from Mary Lucae AInd, Individually and as the Indepardent Executrix of the Estate of Claud C. AM, James Robert Aired, Linda Jarrell Fox, Sherry AIred, Weldon M. AM, and Susie Alred Henderson to the Veterans Land Board of Texas dated (htobu 4, 1979 and rworded in Volume 987, Pages 825-830 of the Deed Rworrds of Dalton County, Texas and from Mary Lucile Ahed, Individually and as the Indepmdent Ex@utrix of the Estate ofClaud C. Aked, James Robert AIred, Linda Jarrell Fox, Sherry AM, Weldon M. Ahred, and Susie Aked Henderson to Jerry L. Blocker dated March 21, 1978 and recorded in Volume 882, Pages 465468 of the Deed Rwords of Denton County, Tocas ('Blocker PIoperty’). T 6793 08982 e.bmLARD TAFT SBvaTH, TRUSTEE OF THE WILLIAM TAFT swaTH FAMILY TRUST, md MILLARD TAFT SMmi, NONA G. SMml md PEGGY OLENE SMIIIH BASSHAM, Individually (“Smith’> ownu of two pncels or tracts of land approximately 88.430 aau and 10.530 ames, respectively located in the H. Hayg(xxI Survey, Abstract No. A-517 in Denton County, Texas as more puticulzly desaibed in that certain Exnutor’s Deed dated Jmuary 29, 1999 &on Millard Taft Smith, as Indepmdsnt Executor of the Estate of WILLIAM TAFT SMIFH, Deceased, to MILLARD TAFF SMtFH, SUCCESSOR TRUSTEE of the WILLIAM TAFT SMrlIH FAMILY TRUST rworded in Volume 4267, Pages 1280-1283 of the Deed Rwords of the Denton County, Texas (“Smith Property’). f.PATRICIA A. BROWN, FRANCES BROWN DOBY. AND BETTy FANNngG ('£Brown’), owner of two parcels or tracts of land approximately 9.0(D aau and 124.500 acta, respectively located in the H. Haygood Survey, Abstract No. A- 517 and the Wm. Smith Stwey, Abstract No. 1187 in Denton County, Texas as more particularly desaibed in that certain Warranty Deed dated May 31, 1941 from Southwestan Life Tnsurance Company to L.Z. Brown rworded in Volume 290, Pages 382-383 of the Deed Rwords of Dmton County, Texas ('Brown Property’). (Hughes, Dominguw & Barbu, McCutchin, Block% Smith, md Brown me hudnafter collectively called the ':Property Ownms”. The term Property Ownus or Property Ownu inoludw their heirs, sucoasors and assigns, and all firtun ownus of any poItion of the Pnpaty. The Hughes Property, Dominguw & Barber Pmpnty, McCutchin Property, Blocker Property, Smith Property, and Brown Property are heninaftn collwtively called the ':Property”.) WHEREAS, the City has initiated the involuntary annexation of certain real property including the Property, pusuant to Annexation Case A-102, 'US 377-35W Annoration Area (the “Annexation Case’); and WHEREAS, the Property Ownus have nqu®ted that the Property be deleted Rom the Annexation Case, in exchange for which they have agreed to ntu into tIme Restdctive Covulants for the bene6t of each other and the City. NOW THEREFORE, in consideration of the covenants contained in tIme Restrictive Covmmts, the City md Property Owners agree as follows: 1. The Property C)wnus haeby 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 d®irability of, and which shall nm with the Property and be binding on all parties having any right, title or interest in the Property or any part t:humE their heirs, successors and assigns, and shall inuw to the bene£t of wch Property Ownn and the City. Page 2 S:\On DowaBnb\ck„,aa£8VX)\RESTR]awE oovaHANFs-A-l02.du 6 •793 08983 2. The Property Owners covenant and agree with each ot:ha and the City tInt they will not me for plat approval on thdr nspwtive properties until such property has bear annored into the City. Such amexations shall be considered voluntary requwts for amexation. The Pmputy Owners and all of their heirs, succ®sors and assigns covmmt and agree that such annexation is voluntarily made and shall be considaed to be by petitim of the ownus of the Property at the time of such annexation. Plat approval is de6ned as any plat approval authoHzal by Ch@tars 212 or 232 of the Texas Local Govammt Code, or thaI sucowsor statutw. The City is a third party bme6ciary of the covenants betwem the Property Own us. 3. Based on these Restrictive Covmants the City has agreed to delete the Prulnrty from the Annexation Case. & Any pmson who sells or conveys any portion of the Property shall prior to such sale or conveyance give separate writtm notice of thwe R®tdctive Covarmts to the prospective puchasn or grantee, along with a separate notice to the City including a copy of such wdttm notice. Notice to the City shall be addressed as follows: City Manager City ofDmton 215 E. McKinney Denton, Tocas 76201 5. Tbwe Rwtrictive Covenants are to run with the land dwcribed hndn as the Property and shall be binding on all parties and all persons claiming mdn them, and my fUture ownus of the Property for a period of thirty y mrs eon the date thwe Restrictive Covenants are rworded. Thwe Res&ictive Covmants shall not be amarded without the prior written consmt of the City 6. Thae Restrictive Covwants 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 oovmant shall in no evmt be deemed a waiver of the right to do so themaftu. 7. Invalidation of any of the covmants or provisions contained in this instrument by judgmmt or court order shall not in any manna affect any of the othn covenants or provisions hmein set forth and all such remaining provisions shall rmain in full force and eRect. 8. No subsequent change in the law shall in anyway affect the validity or enforceability of t:hae Restrictive Covenants. 9. This instrument may be separately executed in my number of individual counterparts, and such countwpart signatures, when assmbled toget:hm, shall constitute one andthe sme instrumM. The parties hereto have executed these Restrictive Covenants as of the date 6rst above writtan. Page 3 S:\Ow IXnlITHnb\Coaa8cBVX)\RESTRrCTrvE OOV£NA)rrs-A.l02 Jo, e •793 00981+ CIU OF DnVTON, TEXAS o rp,&lakh, City Smetary APPROVED AS TO FORM: d ATrORNEY />Q YA. WELLIAM TAFF SHIH FAMILY TRUST baLLARD TAFT SMrrH, TRUSTEE Page 4 S:\On DwtmHrB\carbaaBDo\REgrRIcrrvE OOVnIANTSA-102.doc e 6793 88985 bma a‘ NONA G. SbWIH W/Li/r/db d- Z4Z£Ob/ PATRICIA A. BROWN mA CEgBROIN ACiaNOWLEDGNmVFS STATE OF TEXAS COUVFY OF DENrON ) ) This ins&ummt was acknowledged by Albert R. Hughes. bef„em,ontheabday Daw rIa,IL-. A biG/ Notary Public, in and for the State of TexasCHRISTINE A DiM IIlIE= Oulvrl nIH &&2006 My Commission expira: 3 -J - aD I STATE OF TEXAS COUNFY OF DENTON ) ) This instrummt was acknowledged before me by Angela Dominguez. on the of a hal Notary put>bc, in and fo-rt CHRISTINE A. DIC a ==1ITiS Comb &l#Bl+2-n06 My Commission expires: 2,–J-}cD I Page 5 S:\OuDownHabKlon&,,bW>\RESTRICrrVE oovnqANr$A-l02.d,, e 8793 o0986 STATE OF TEXAS couNrY OF DENTON ) ) This hstrummt was acknowledged before by Michael John Barba. ahl )6ekM/u Notary PUblic, in and for the State of TexasFORD sgi::tq!?: Canrn Unites &r+2001 My Commission expirw: J- lq -C>\ STATE OF TEXAS COUNIY OF DHVrON ) ) This It was acknowledged befot by Jerry A. McCutchin. daLI TONI REEDY NOTARY PUBLIC STATE OF TEXAS tomainiee Erpirn 3-21-2002 ]\V:FJII== m = j S :0: :P h :1 1 : /11111:/ > O ===11 STATE OF TEXAS COUNIY OF DwroN ) ) This hsblmM was acknowl,dg,d befo„ m, o, d„1jd,y ofa##?a , Ja_>i ;::w L:.:=:::- 1 _,_„ ' 1 d&qI , A .\> 'a. Notary Public, in md for the State of TexasCHRISTINE A. DICK NdUyhBBCSHtBofhla Goavrl ExP+H $2.2006 My Commission expires:x 1 STATE OF TEXAS COUNTY OF DEIWON ) ) Page 6 S:K>urlknunBab\ConaaC&VX)\RESTRICrIVE COVENANtS.A.102.doc e +93 08987 STATE OF TEXAS COUNIY OF DHfrON ) ) This instrummt was acknowledged before by Milllard Taft Smith, Individually. TONI REEDYEg NOTARY PUBLIC STATE OF TEXAS ggComuisioa Expirn 3-2 i-2W2 iRB 2k><bMamma MyC,mmi„i,,,xphes:Aa ) aoa:V STATE OF TEXAS COUNTY OF DwroN ) ) This insUummt was ack„,wledged before me on thdfday by Peggy OIme Smith Basgharn, Individually. / . \ n DOD 1 FL#:WLyul,’ aId M)It>lie, in and for the State cf Texas STEPHANIE FORD M)tIWPLM State of Texas Garyit ExP&H &t+2001 My Commission expires: J' J S - Ol STATE OF TEXAS COUNFY OF DENTON ) ) This insaurnmt was acknowledged before by Noaa G. Smith. th,12%ay ,f {A ;lw,dA in and for the State c STEPHANIE FORD Notary PuNk: State of Texas ComIn Expbes 2'192tX)1 f Texas My Commission expires: )-1 S–DI STATE OF TBXAS COUNIY OF DnqroN ) ) This instrument was acknowledged before me on the eday of a era/7 , 2 aq /~”'"""”'"" o and fort My Commission expires: Dec d’JJ god / Page 7 S:\Chrr IX>cuttBnt$\OontractsVX>\RESTRICTIVE covENANrs-A-l02.du ''93 8098g STATE OF TEXAS COUNIY OF DENTON ) ) This instIummt was acknowledged before by Franow Brown Dot)y. me on the a’day o md for the Stat; oiTo=a My Commission exphw:./j-Ji- o / STATE OF TEXAS COUNIY OF DEVrON ) ) This hsuumm was acknowledged before me on the/2 day of a p+ ,7, , 2 'd /'’~T'=”' M Notary PW'in and for the State of Twas My Commission ocphw:/a-JI -o f STATB OF TEXAS COUNIY OF DENTON ) ) This instrument was acknowledged before me on Brock Mayor of the City of Denton, Texas, on 2009 by Euline ANN FORgYTHE Nat&y MqSW ot Tn86 lbCaHlnbl aPM MAY 9, 20a Mmbt My Commission expirw:Oo-O{ge, RETURN TO: City of Denton City Attorney's Office 215 E, McKInney Denton, Texas 76201 Page 8 snout IXHUrIBn8\Can&Ba8WRESTRICWECOVHNAIns-A-l02.doc Restrictive Covenants A-1 02 (021907) [HmM,J ETJ :NR'-1 WM EtJ 'NR’-'l Mas_Q NHLi @M (gRggZIIIWKoM Md [FED) mMa8 iN_RBm}W [I,IJ 0 0 550 1.100 2.200 ===ll• Feet