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