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1999-427AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DISANNEXING AND RELEASING FROM THE CITY'S EXTRATERRITORIAL JURISDICTION A TRACT COMPRISING 2 107 ACRES, LOCATED WEST OF STATE SCHOOL ROAD NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION, AND DECLARING AN EFFECTIVE DATE (A-92) WHEREAS, pursuant to Section 43 142 of the Texas Local Government Code, home role cities are anthonzed to dlsannex an area within the city according to rules provided by the municipal charter, and WHEREAS, pursuant to Section 43 021 of the Texas Local Government Code, home role cities are authorized to fix their boundaries and exchange areas with other munlclpaht~es, and WHEREAS, pursuant to Section 42 023 of the Texas Local Government Code, the ETJ of a munic~pahty may not be reduced unless the governing body gives its written consent by ordinance or resolution, and WI-IEREAS, the City of Denton and the City of Connth entered into a Memorandum of Agreement (MOA), attached as Exhibit A, w~th regard to the adjustment of city boundaries between the two cities on February 4, 1999, and WHEREAS, the subject property is beyond the effective utlhty and service delivery area for City of Denton municipal services, and WHEREAS, pursuant to smd MOA, the C~ty of Denton wishes to dlsannex and release from the city's extratemtonal junschctlon a 2 107 acre tract currently within its City limits lme as described m Exhibit A of the MOA so that it may be annexed by the City of Connth, and WHEREAS, public heanngs were held m the Council Chambers on September 7, 1999, and September 21, 1999, to allow all interested persons to state their views and present evidence beanng upon this d~sannexatlon and release of extraterntorlal junsdmtlon, and WHEREAS, this ordinance has been published in full one t~me in the official newspaper of the City of Denton after disannexatlon proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the City of Denton hereby dlsannexes and releases and rehnqmshes in favor of the City of Connth the tract of land described in Exhibit A of the Memorandum of Agreement, attached hereto and incorporated by reference, so that the City of Connth may institute annexation proceedings with respect to said area /~ That the City's official map ~s amended to show the dmannexat~on of the subject property and its release from the city's extratemtonal junsdmtmn ~ Should any part ofth~s ordinance be held ~llegal for any reason, the holding shall not affect the remmnmg port,on of tlus ordinance ~ That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the /~-~ dayof ~~./~ ,1999 JACK~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 STATE OF TEXAS COUNTY OF DENTON MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") is entered into as of the 4th day of February, 1999, between the City of Denton, Texas ("Denton"), a Texas home rule mumclpahty and the C~ty of Corinth, Texas ("Connth"), a c~ty organized under the general laws of the State of Texas, and ~s to wttness the following WHEREAS, Denton and Cortnth are adjacent mumc~paht~es which desxm to make mutually agreeable changes ~n thexr boundaries of areas that are less than 1,000 feet xn w~dth, and WHEREAS, xt appears that the ex~stmg c~ty hmlts lines between Denton and Corinth bisect a number of res~dential lots m a subdxws~on of Denton County known as Oakmont II, and WHEREAS, ~t ~s the desire of Denton and Connth to dlsarmex and annex the tracts described hereto to estabhsh a joint city hm~ts hne between the two reties that would not spht any lots ~n the Oakmont II subd~vlsmn and would basmally run along property lines as shown by the maps attached hereto as an exhibit, and WHEREAS, the owner of Oakmont II has expressed ~ts ~ntent to the governing bothes of both c~t~es that such needed adjustment would be beneficial to the development of the subthv~s~on and generally to the economm well-being of both e~t~es, and WHEREAS, both Denton and Connth deem such agreement to be beneficml to the pubhc ~nterest and to enhance the future growth and development of both c~ttes, Now, Therefore, In consideration of the premises and of the agreements contained here~n, Denton and Corinth agree as follows I DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION 1 01, Denton agrees that it will d~sannex and wmve extraterntorml junsdmt~on over the 2 107 acre tract of land described m Exlub~t "A", attached hereto and made part hereof for all purposes, ~n the manner prowded by Chapter 43 of the Texas Local Government Code and the Denton C~ty Charter Page 1 19355 1 02 Corinth agrees that it will disarmex and waive extraterritorial jurisdiction over tracts of 1 469 acres and 0 83 acres respectively, described In Exhibits "B" and "C", attached hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code 1 03 Upon the disannexatlon and wmver of extraterritorial jurisdiction by Denton and Corinth as provided in Sections 1 01 and 1 02 above, the boundaries of Denton and Corinth shall be adjusted accordingly, subject to the annexation actions by each contemplated in Section II II ANNEXATIONS Corinth agrees that it will proceed in the manner authorized by law to annex the property described in Exhibit "A" Denton agrees that it will proceed in the manner provided by law to annex the property described in Exhibits "B" and "C" The parties understand and agree that the existing city limits and the proposed city limits are fairly and accurately depicted on the annexation exhibit prepared by USA Professional Services Group, Inc, dated May, 1998, attached hereto as Exhibit "D" and made part hereof for all purposes III ZONING AND PLATS Both cities recognize that all property that is subject to this Agreement may carry temporary zoning classifications under the applicable ordinance and be subject to the platting requirements of the city which will annex such property The parties understand that the Oakmont subdivision is basically the same in both cities and the appropriate zoning and platting requirements should not change the current status of the development IV CHARACTER OF AGREEMENT, BREACH The parties agree that this Agreement is entered into only for the dlsannexatlon and annexation of the tracts described herein and is not an lnterlocal cooperation agreement for the joint performance of any services by the parties Failure of either City to perform the terms of this Agreement shall constitute a breach hereof, and the aggrieved City may file suit in a court of competent ofjunsdmtion to enforce the provisions of this Agreement, including recovery of court costs and attorney's fees Page 2 19355 V PERFORMANCE The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent with applicable law VI SEVERABILITY If any provision of th~s Agreement is held to be illegal, invalid or unenforceable, the legahty, vahd~ty or enforceability of the remaining provisions of th~s Agreement shall not be affected and shall remain m full force and effect In w~tness whereof, Denton and Corinth, acting under the authority of thmr respective governing bodies, have caused this Agreement to be executed in duphcate originals as of the date first written above CITY OF DENTON, TEXAS CITY OF CORINTH, TEXAS ATTEST / / APPROVED AS TO FORM CITY ATTORNEY - I~ ~ ~ ~ (rld/sb 11-17-98) ROVED AS TO ORM ~ CIT'¢ ATTORNI~Y .... X'x Page 3 Exhibit "A" DEANNEXATION FROM THE CITY OF DENTON, TEXAS 91,797 Square Feet or 2 107 Acres May, t998 BEING a tract or parcel of land situated ~n the Stephen Hembme Survey, Abstract Number 643, ~n the C~ty of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L P by Deed recorded ~n the Real Property Records of Denton County, Texas, Denton County Clerk's F~le Number_ , and being more particularly described as follows COMMENCING at a point at the intersection of the East I~ne of State School Road (a 60 foot w~de nght-of-way) v~th the South line of H~dden Oaks (a 75 foot w~de nght-of-way), sa~d point also being the Northwest corner of Lot 20, Block 12 of Oakmont Estates - Secbon One as recorded ~n Cabinet F, Page 38 of the Map Records of Denton County, Texas, THENCE South 15044'00'' East along the East I~ne of sa~d State School Road, a distance of 144 28 feet to a point for corner, THENCE South 74°16'00'' West departing the East I~ne of said State School Road, a distance of 344 00 feet to the POINT OF BEGINNING, THENCE North 15°44'00'' West a distance of 725 15 feet to a point for corner, THENCE North 87°01'55" East a distance of 119 97 feet to a point for comer, THENCE North 59°31'13" East a distance of 61 43 feet to a point for corner, THENCE North 74°16'00'' East a distance of 82 70 feet to a point for corner, THENCE South 04°12'20'' West a d~stance of 759 83 feet to the POINT OF BEGINNING and containing 91,797 square feet or 2 107 acres of land, more or less Exhibit "B" ANNEXATION TO THE CITY OF DENTON, TEXAS 64,006 Square Feet or 1.469 Acres May, '1998 BEING a tract or parcel of land mtuated m the Lew Young Survey, Abstract Number 1451, ~n the C~ty of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L P by Deed recorded ;n the Real Property Records of Denton County, Texas, Denton County Clerk's F~le Number. , and being more particularly descnbed as follows COMMENCING at a point at the ~ntersectlon of the East bne of State School Road (a 60 foot w~de nght-of-way) wtth the South I~ne of H~dden Oaks (a 75 foot v4de nght-of-way), sa~d point also being the Northwest corner of Lot 20, Block 12 of Oakmont Estates - Section One as recorded ~n Cabinet F, Page 38 of the Map Records of Denton County, Texas, THENCE South 15°44'00'' East along the East I~ne of smd State School Road, a d~stance of 144 28 feet to a point for corner, THENCE South 74°16'00" West departing the East I~ne of said State School Road, a d~stance of 344 00 feet to the POINT OF BEGINNING, THENCE South 15°44'00'' East a dmtance of 387 85 feet to a point for corner, THENCE South 38°24'50" East a d~stance of 84 72 feet to a point for corner, THENCE South 08°29'39" East a distance of 57 69 feet to a point for corner, THENCE South 51 °35'10" West a distance of 274 93 feet to a point for corner, THENCE North 04°12'20" East a d~stance of 669 38 feet to the POINT OF BEGINNING and contmn~ng 64,006 square feet or 1 469 acres of land, more or less Exhibit "C" ANNEXATION TO THE CITY OF DENTON, TEXAS 3,618 Square Feet or 083 Acres May, 1998 BEING a tract or parcel of land situated in the Lew Young Survey, Abstract Number 1451, in the City of Denton, Denton County, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L P by Deed recorded m the Real Property Records of Denton County, Texas, Denton County Clerk's F~le Number _ , and being more part;cularly described as follows COMMENCING at a point at the ~ntersecbon of the East hne of State School Road (a 60 foot w~de nght-of-way) ~th the South I~ne of H~dden Oaks (a 75 foot wde nght-of-way), sa~d point also being the Northwest corner of Lot 20, Block 12 of Oakmont Estates - Sect;on One as recorded ~n Cabinet F, Page 38 of the Map Records of Denton County, Texas, THENCE South 74°16'00'' West a distance of 60 00 feet to a point for corner in the West line of sa~d State School Road, THENCE North 15°44'00" West along the West I~ne of smd State School Road, a d~stance of 150 06 feet to a point for corner, THENCE North 11°47'00'' West continuing along the West I~ne of smd State Road, a dmtance of 345 77 feet to the POINT OF BEGINNING, THENCE South 74°16'00" West departing the West hne of sa~d State School Road, a dmtance of 48 70 feet to a point for corner, THENCE North 04°12'20'' East a d~stance of 121 30 feet to a point for comer, THENCE North 87°01'55'' East a d~stance of 15 36 feet to a point for corner ~n the West I~ne of sa~d State School Road, THENCE South 11°47'00'' East along the West I~ne of sa~d State School Road, a d~stance of 110 90 feet to the POINT OF BEGINNING and containing 3,618 square feet or 0 083 acres of land, more or less Exhibit D LOCATION MAP Exchange of Land w~th Connth SITE Current C~ty Boundary