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HomeMy WebLinkAbout24-1161RESOLUTION NO. 24- 1161 A RESOLUTION OF THE CITY OF DENTON DENYING MCCART ST, LLC’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 PROVIDrNG AN EFFECTIVE DATE WHEREAS, on May 21, 2024, McCart St, LLC (the “Petitioner”) submitted a petition for the release of property from the extraterritorial 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 generally located north of Jackson Rd. and west of Radecke Rd. in Krum, TX, 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. TheFnotion Io approve this resolution was made by BrI ,_ Rcck and seconded by J., Hull, JJ , the resolution was passed and approved by the following vote U - E : 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 : Jill Jester, At Large Place 6: ,/ -£ a/ b/ U/ ,/ PASSED AND APPROVED thi, th, 1 81\ d,y ,fl 2024 GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Exhibit A PETITION FOR RELEASE OF AREA FROM THE EXFRATERRITORIATI JURISDICTION THE STATE OF TEXAS § COUNIY OF DENrON § TO THE HONORABLE MAYOR AND CITY COUNCL OF THE CITY OF DENroN. TEXAS: The undersigned (bereinaftw called “Petitioner”), being an owner of a majority in value of land(s) situated within the area hereinaRer described, which represents a total value of more than 50% of the value of all such area as indicated by the tax rolls of the Denton Central Appraisal District, acting pursuant to Section 42. 102 of the Texas Local Government Code, as amended, hereby nspectMy petitions the City of Denton, Texas (hereinafter called the “City”), for the rmoval of the area described in Exhibit A and depicted in Exhibit A-1 herein (the “Property”) from the extratenitorial judsdiction (the “ETIF’) of the City. In support of this Petition, Petitioner would respectfully show: L Petitioner has authority, pursuant to Section 42.102(b), Texas Local Government Code, to file this Petition as the owner(s) of the majority in value of an area of land in the City’s ETJ. 11- This Petition is signed by a majority in value of the holders of title of land in the area described by this Petition, as indicated by the tax rolls of the Denton Central Appraisal District and evidenced by an affidavit attached as Exhibit B. 111. This Petition has satisfied the signature requirements described by Sections 42.103 and 42.1 (HCa), Texas Local Government Code, and Chapter 277, Election Code, not later than the 180th day after the date the first signature for the Petition is obtained. rv. The signature(s) collected for this Petition is in writing, pursuant to Section 42.ICM(c), Texas Local Govunment Code. V. The Property is located in Denton County, Texas, and totals approximately 45.674 acres, as described in Exhibit A, all of which is located within the extraterritorial jurisdiction of the City and, to the best of the Petitioner’s knowledge, is not subject to any of the exceptions from applicability described in Section 42.101, Texas Local Government Code. VI. This Petition shall be vwi6ed by the City Secretary of the City or other person at the City responsible for verifying signatures. VII. The City must notify the residents and landowners of the Property of the rwults of the Petition, which notification requirement may be satisaed by notifying the Petitioner in writing. VIII. Because this Petition contains the numbu of signatures required by Section 42.1(A, Texas Local Government Code, to release the Property from the City’s ETJ, the City shall immediately release the Property &om its ETJ, pursuant to Section 42.105(c), Texas Local Government Code. Should the City fail to take action to release the Property by the later of (i) 45 days after the date the City receives this Petition or (ii) the next meeting of the City’s governing body that occurs after the 30th day after the date the City’s receives this Petition, the Property shall be released from the ETJ by operation of law, pursuant to Swtion 42.105(d), Texas Local Government Code. WHEREFORE, PREMISES CONSIDERED, Petitionu prays that: (a) this Petition be filed with the City Secretary of the City of Denton, Texas, and that, thereafter, the Property be removed from the ETJ of the City, in the manner provided by law, including Sections 42.102-105, Texas Local Government Code, as amended; (b) that this Petition be granted, and that it and the City’s action thereon be filed of record and be recorded in the Office of the City Secretary of Denton, Texas; and (c) that Petitioner have such other order and relief to which they may show itself mtitled [Remainder of Page 1ntentionally Blank] I //ll RESPECtFULLY suBMrrrED m, Fb,y ,f /IAy , 2024. PETITIONER MCCART ST. LLC, a Delaware limited liability company N-ame:E Date ofBfrB Address: go, ap Date of sM IT @'%@ 74/gr THE STATE OF TEXAS COUNIY OF 7ZfanT/ § § I This by IJ,tl4M company} on instrument was acknowledged before He on this day,2024, St, LLC, a tabilityo&Mce id company if$xas (SEAL) -iTE(3RY+iTGRAtl fxa Notery Public, StBte of Tun Comm. ExpIres ICb2&2026 Notary ID 131329776 EX}nBIT “A” LEGAL DESCRIPTION OF AREA TO BE REMOVED FROM THE EXIRATERRITORIATI JURISDICTION [Please See Attached] EXHIBrr “ A” LEGAL DESCRIPTION OF AREA TO BE REMOVED FROM THE EXTRATERRITORIAT I JURISDKyTION Please See Attached] ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE W DAVIS SURVEY. ABSTRACT NUMBER 374 AND THE T. POLK SURVEY, ABSTRACT NUMBER 998. DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 39.8140 ACRE TRACT DESCRIBED IN A DEED TO VICKI D.WHITMER AND KIM T. WHITMER, RECORDED UNDER COUNTY CLERK'S INSTRUMENT FILE NUMBER 94-RO094720, REAL PROPERTY RECORDS. DENTON COUNTY. TEXAS. AND ALL OF A CALLED 4.779 ACRE TRACT DESCRIBED IN A DEED TO KIM T. WHITMER AND VICKI D. WHITMER, RECORDED UNDER COUNTY CLERK'S INSTRUMENT FILE NUMBER 2001-RO057098, VOLUME 4856, PAGE 2528. REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS, AND PART OF A TRACT DESCRIBED IN A DEED TO VICKI D. WHITMER, RECORDED IN VOLUME 3295. PAGE 278, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID 39.8140 ACRE TRACT AND THE NORTHWEST CORNER OF A CALLED 1.21 ACRE TRACT DESCRIBED IN A DEED TO LEOBARDO SANCHEZ AND WIFE, SARA SANCHEZ, RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 2011-37735, REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS. SAID PIN ALSO BEING ON A SOUTH LINE OF A CALLED 298.204 ACRE TRACT DESCRIBED IN A DEED TO MCCART ST, LLC. RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 2018-5215, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 01 MINUTES 29 SECONDS WEST WITH THE EASTERN MOST EAST LINE OF SAID 39.8140 ACRE TRACT, A DISTANCE OF 959.29 FEET TO A 1/2 INCH IRON PIN FOUND ON THE EASTERN MOST EAST LINE OF SAID 39.8140 ACRE TRACT AND THE NORTHEAST CORNER OF A CALLED 1.905 ACRE TRACT TWO DESCRIBED IN A DEED TO scoTr EANES AND WIFE, DEBRA OWEN EANES, RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 2009-88693, REAL PROPERTY RECORDS, DENTON COUNTY. TEXAS, SAID PIN ALSO BEING ON THE WEST LINE OF LOT 11, RINGHAM ADDITION, RECORDED IN CABINET F, PAGE 380, PLAT RECORDS, DENTON COUNTY, TEXAS THENCE SOUTH 89 DEGREES 22 MINUTES 40 SECONDS WEST WITH THE NORTH LINE OF SAID 1.905 ACRE TRACT, A DISTANCE OF 171 .35 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX IO023300" SET AT THE NORTHWEST CORNER OF SAID 1.905 ACRE TRACT AND THE NORTHEAST CORNER OF A CALLED 3.000 ACRE TRACT ONE DESCRIBED IN A DEED TO scol-r EANES AND WIFE, DEBRA OWEN EANES, RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 2009-88693, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 41 MINUTES 07 SECONDS WEST WITH THE NORTH LINE OF SAID 3.000 ACRE TRACT, A DISTANCE OF 181.67 FEET TO A 1/2 INCH IRON PIN FOUND 4892-320&{)09tv.1 65:BSI 1 AT THE NORTHWEST CORNER OF SAID 3.000 ACRE TRACT AND THE NORTHEAST CORNER OF SAID WHITMER TRACT (V, 3295, P. 278), SAID PIN ALSO BEING ON THE SOUTH LINE OF SAID 39.8140 ACRE TRACT; THENCE SOUTH 00 DEGREES 09 MINUTES 16 SECONDS WEST WITH THE EAST LINE OF SAID WHITMER TRACT (V. 3295, P. 278) AND THE WEST LINE OF SAID 3.000 ACRE TRACT, A DISTANCE OF 239.30 FEET TO A 1/2 INCH IRON PIN FOUND ON THE EAST LINE OF SAID WHITMER TRACT (V. 3295, P. 278) AND THE WEST LINE OF SAID 3.000 ACRE TRACT, SAID PIN ALSO BEING AT THE NORTHEAST CORNER OF A CALLED 1.789 ACRE TRACT DESCRIBED IN A DEED TO JOSE A. FLORES, RECORDED UNDER COUNTY CLERK'S INSTRUMENT FILE NUMBER 2002-RO081625, VOLUME 51 18, PAGE 2685. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 37 MiNUTES 14 SECONDS WEST WITH THE NORTH LINE OF SAID 1.789 ACRE TRACT, A DISTANCE OF 181.55 FEET TO A 1/2 INCH IRON PIN FOUND THE NORTHWEST CORNER OF SAID 1.789 ACRE TRACT; THENCE SOUTH 00 DEGREES 08 MINUTES 51 SECONDS EAST WITH THE WEST LINE OF SAID 1.789 ACRE TRACT, A DISTANCE OF 240.36 FEET TO A 1/2 INCH IRON PIN FOUND AT THE WESTERN MOST SOUTHWEST CORNER OF SAID 1.789 ACRE TRACT AND THE ON THE SOUTH LINE OF SAID WHITMER TRACT (V. 3295, P. 278), SAID PIN ALSO BEING AT THE NORTHEAST CORNER OF LOT 4, OF SAID RINGHAM ADDITION; THENCE SOUTH 89 DEGREES 38 MINUTES 33 WEST WITH THE NORTH LINE OF SAID LOT 4 AND THE SOUTH LINE OF SAID WHITMER TRACT (V, 3295, P, 278), A DISTANCE OF 181.04 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 10023300" SET AT THE SOUTHWEST CORNER OF SAID WHITMER TRACT (V. 3295, P. 278) AND THE NORTHWEST CORNER OF SAID LOT 4, SAID PIN ALSO BEING AT THE SOUTHEAST CORNER OF A CALLED 4.00 ACRE TRACT DESCRIBED IN A DEED TO MARK JOHNSTON. RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 2016- 85356. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 01 MINUTES 36 SECONDS EAST WITH THE WEST LINE OF SAID WHITMER TRACT (V. 3295, P. 278) AND THE EAST LINE OF SAID 4.00 ACRE TRACT, A DISTANCE OF 480.36 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED -METROPLEX 10023300- SET AT THE NORTHWEST CORNER OF SAID WHITMER TRACT (V. 3295, P. 278) AND THE NORTHEAST CORNER OF SAID 4.00 ACRE TRACT, SAID PIN ALSO BEING ON A SOUTH LINE OF SAID 39.8140 ACRE TRACT; THENCE SOUTH 89 DEGREES 36 MINUTES 50 SECONDS WEST WITH A SOUTH LINE OF SAID 39.8140 ACRE TRACT AND THE NORTH LINE OF SAID 4.00 ACRE TRACT, A DISTANCE OF 363.14 FEET TO A 1/2 INCH IRON PIN FOUND AT THE NORTHWEST CORNER OF SAID 4.00 ACRE TRACT AND AN INNER ELL CORNER OF SAID 39.8140 ACRE TRACT THENCE SOUTH 00 DEGREES 01 MINUTES 44 SECONDS EAST WITH THE WEST LINE OF SAID 4.00 ACRE TRACT AND AN EAST LINE OF SAID 39.8140 ACRE TRACT, A DISTANCE OF 480.05 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED 'METROPLEX IO023300" SET AT THE SOUTHWEST CORNER OF SAID 4.00 ACRE TRACT AND A SOUTHEAST CORNER OF SAID 39.8140 ACRE TRACT. SAID PIN ALSO BEING AT THE NORTHEAST CORNER OF LOT 1 , OF SAID RINGHAM ADDITION; 2 THENCE SOUTH 89 DEGREES 38 MINUTES 58 SECONDS WEST WITH A SOUTH LINE OF SAID 39.8140 ACRE TRACT AND THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 181 .44 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED -METROPLEX 10023300- SET ON A SOUTH LINE OF SAID 39.8140 ACRE TRACT AND THE NORTHWEST CORNER OF SAID LOT 1 ; THENCE SOUTH 00 DEGREES 02 MINUTES 16 SECONDS WEST WITH THE WEST LINE OF SAID LOT 1 , A DISTANCE OF 270.09 FEET TO A PK NAIL SET AT THE SOUTHEAST CORNER OF SAID 4.779 ACRE TRACT IN JACKSON ROAD; THENCE SOUTH 89 DEGREES 37 MINUTES 43 SECONDS WEST WITH THE SOUTHERN MOST SOUTH LINE OF SAID 4.779 ACRE TRACT, A DISTANCE OF 60.00 FEET TO PK NAIL SET AT THE SOUTHERN MOST SOUTHWEST CORNER OF SAID 4.779 ACRE TRACT IN JACKSON ROAD; THENCE NORTH 00 DEGREES 04 MINUTES 46 SECONDS WEST WITH A WEST LINE OF SAID 4.779 ACRE TRACT, A DISTANCE OF 351.94 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED -H&N 1849" FOUND AT AN INNER ELL CORNER OF SAID 4.779 ACRE TRACT; THENCE SOUTH 89 DEGREES 38 MINUTES 27 SECONDS WEST WITH A SOUTH LINE OF SAID 4.779 ACRE TRACT, A DISTANCE OF 200.63 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "H&N 1849" FOUND AT THE WESTERN MOST SOUTHWEST CORNER OF SAID 4.779 ACRE TRACT AND BEING ON THE EAST LINE OF A TRACT DESCRIBED IN A DEED TO GEORGE T. DAVIS AND WIFE. JERRY E. DAVIS. RECORDED IN VOLUME 3176, PAGE 830, REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS THENCE NORTH 03 DEGREES 55 MINUTES 34 SECONDS WEST WITH THE WEST LINE OF SAID 4.779 ACRE TRACT AND THE EAST LINE OF SAID DAVIS TRACT. A DISTANCE OF 750.02 FEET TO A 1/2 INCH IRON PIN FOUND AT THE NORTHWEST CORNER OF SAID 4.779 ACRE TRACT AND ON THE EAST LINE OF SAID DAVIS TRACT; THENCE NORTH 03 DEGREES 55 MINUTES 36 SECONDS WEST WITH A WEST LINE OF SAID 39.8140 ACRE TRACT AND THE EAST LINE OF SAID DAVIS TRACT. A DISTANCE OF 121.54 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 10023300" SET AT THE NORTHEAST CORNER OF SAID DAVIS TRACT AND AN INNER ELL CORNER OF SAID 39.8140 ACRE TRACT; THENCE SOUTH 89 DEGREES 43 MINUTES 25 SECONDS WEST WITH A SOUTH LINE OF SAID 39.8140 ACRE TRACT, A DISTANCE OF 237.88 FEET TO A 1/2 INCH IRON PIN FOUND AT THE WESTERN MOST SOUTHWEST CORNER OF SAID 39.8140 ACRE TRACT AND THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO DANIEL K. GASS AND WIFE. DONNA J. GASS, RECORDED IN VOLUME 2915. PAGE 31. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS SAID PIN ALSO BEING ON THE EAST LINE OF A CALLED 10.00 ACRE TRACT DESCRIBED IN A DEED TO JIMMY LEE GROZ tER, RECORDED UNDER COUNTY CLERK'S INSTRUMENT FILE NUMBER 96-RO082430. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 35 MINUTES 02 SECONDS EAST WITH A WEST LINE OF SAID 39.8140 ACRE TRACT AND THE EAST LINE OF SAID 10.00 ACRE TRACT, A DISTANCE 3 OF 506.76 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED -METROPLEX IO023300" SET AT THE NORTHWEST CORNER OF SAID 39.8140 ACRE TRACT AND THE NORTHEAST CORNER OF SAID 10.00 ACRE TRACT, SAID PIN ALSO BEING ON A SOUTH LINE OF SAID 298.204 ACRE TRACT; THENCE SOUTH 89 DEGREES 45 MINUTES 00 SECONDS EAST WITH THE NORTH LINE OF SAID 39,8140 ACRE TRACT AND A SOUTH LINE OF SAiD 298.204 ACRE TRACT. A DISTANCE OF 1813.82 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 45.674 ACRES OF LAND. EXHIBIT “A-1” DEPICTION OF AREA TO BE REMOVED FROM THE EXTRATERRITORTAT 1 JURISDICTION [Please See Attached1 4£674 ACRESV$f bg-**,I:; 45P974 ACRES IN TH W. DAVIS SLmVEY. ABSIRACT hb 374 AND THE T. POLK SURVEY. A8VrRACT Nn 998. DEMrON QOUHrr. TD(Aa BOUNDARY SURVEY EXHIBIT “B” AFFIDAVIT OF OWNERSHIP OF AREA TO BE REMOVED FROM THE EXTRATERRiTORIA TI JURISDICTION [Please See Attached] AFFIDAVIT OF OWNERSHIP DENTON CENTRAL APPRAISAL DISTRICT § §COUNTY OF DENTON 1, Jrd nq©1P , Director of Mapping of the Denton Central Appraisa1 District of Denton County, Texas, hereby certify that on April 30. 2024, ownership of the tracts of land attached hereto as Exhibit ''A" was as follows: MCCART ST, LLC -f- Fr of MappiG THE STATE OF TEXAS § §COUNTY OF DENTON This instrument was acknowledged before me on the aa day of 4frI 1 , 2024, by , j.„ ha„1, J , Director of Mapping of the Denton Central A ppraisal Dist,iF Notary Public in and for the State of Texas EXHIBIT “ A“ LEGAL DESCRIPTION OF THE PROPERTY ; ! ! ! ! ! ! ! ! ! ; } ; }; } {!!!SI :3!!! ! ! ! ! > LU 6;Da) >ac <aZ3 g P 9 gliF ! ! ! ! ! ! ! !! ! ! ! ! ; i : i i ! i ! ! ! ! ! ! ! ! ! ; ! ! ! g: ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !; iii;}}} }};!!! !iii ;ii;!! !! $ ! ! ! ! ! ! }}!! ; ; ! ! 8I i g i gg gg g g !! bC Egel: !!!! a)REb>Ia FHO iC b a Fg 1!!! ='+-"FM A J&IOBO WIg g g aj Eg gg g g HE gg ! ! Eg eH 6l1 iiI b6 ! !! ! !I B ;lg:$1ron 3 Jr.t&DO it I HI:Itla OBEb>I Bga+=in! ! ! ! ==fBi=£llU saaSFumIB