1999-428O IN CENO 4e-4/ ,0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DISANNEXING AND
RELEASING FROM THE CITY'S EXTRATERRITORIAL JURISDICTION TWO TRACTS
COMPRISING 16312 ACRES, LOCATED SOUTH OF ROBINSON ROAD IN THE
OAKMONT IV SUBDIVISION, AND DECLARING AN EFFECTIVE DATE (A-93)
WHEREAS, pursuant to Section 43 142 of the Texas Local Government Code, home role
cities are anthonzed to d~sannex an area within the c~ty accor&ng to roles prowded by the
municipal charter, and
WHEREAS, pursuant to Section 43 021 of the Texas Local Government Code, home role
cities are authonzed to fix their boundaries and exchange areas with other mumc~pahties, and
WHEREAS, pursuant to Section 42 023 of the Texas Local Government Code, the
extraterritorial jurs~&ctlon of a mtm~clpahty may not be reduced unless the governing body gives
its written consent by ordinance or resolution, and
WHEREAS, the City of Denton and the City of Corinth entered into a Memorandum of
Agreement (MOA), attached as Exlublt A, with regard to the adjustment of city boundaries
between the two cities on May 6, 1999, and
WHEREAS, the subject property is beyond the effective utlhty and service delivery area
for City of Denton mummpal services, and
WHEREAS, pursuant to smd MOA, the City of Denton wishes to &sannex and release
from the city's extratemtonal juns&ct~on two tracts comprising 16 312 acres currently w~thln its
C~ty hm~ts hne as described m Exbablts B and C of the MOA so that ~t may be annexed by the
City of Connth, and
WHEREAS, pubhc hearings were held ~n the Council Chambers on September 7, 1999,
and September 21, 1999, to allow all interested persons to state their views and present ewdence
beanng upon flus &sannexatlon and release of extratemtonal jurisdiction, and
WHEREAS, flus ordinance has been published ~n full one time in the official newspaper
of the City of Denton after dlsannexatlon proceedings were instituted and 30 days prior to City
Council ~ak~ng 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 Exhibits B and C of the Memorandum
of Agreement, attached hereto and incorporated by reference, so that the City of Connth may
institute annexation proceedings w~th respect to smd area
SECTION 2 That the City's official map is amended to show the dlsannexat~on of the
subject property and its release from the city's extratemtorlal junsdmt~on
~ Should any part ofttus ordinance be held illegal for any reason, the holding
shall not affect the remaining portion of this ordinance
T~uQ.T!.Q]~ That this ordinance shall become effective lmmed~ately upon its passage
and approval
PASSED AND APPROVED this the/~ ~ day of ~/~~ ,1999
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 6thday
of ~ay ,1999, between the City of Denton, Texas ("Denton"), a Texas home rule
municipality and the City of Corinth, Texas ("Corinth"), a city organized under the
general laws of the State of Texas, and is to wttness the following
WHEREAS, Denton and Corinth are adjacent municipalities which desire to make
mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in
width, and
WHEREAS, it appears that the exlstmg city hmlts lines between Denton and
Corinth split a subdivision of Denton County known as Oaknaont IV, and
WHEREAS, it is the desire of Denton and Corinth to dlsannex and annex the
tracts described herein to establish a joint city limits line between the two cities that will
enhance the development of Oakmont IV subdivision in each city and be as shown by the
maps attached hereto as exhibits, and
WHEREAS, the owner of Oakmont IV has expressed its intent to the governing
bodies of both cities that such needed adjustment would be beneficial to the development
of the subdivision and generally to the eeonomm well-being of both cities, and
WHEREAS, both Denton and Corinth deem such agreement to be beneficial to
the public interest and to enhance the future growth and development of both cities, Now,
Therefore,
In consideration of the premises and of the agreements contmned herein, Denton
and Corinth agree as follows
I
DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION
1 01, Corinth agrees that it will dlsarmex and waive extraterritorial jurisdiction over the
17 172 acre tract of land described in Exhibit "A", attached hereto and made part hereof
for all purposes, in the manner provided by Chapter 43 of the Texas Local Government
Code
1 02, Denton agrees that it vall dlsannex and waive extraterritorial jurisdiction over tracts
of 10 603 acres and 5 709 acres respectively, described in Exhibits "B" and "C", attached
Page t
19355
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 dlsannexatlon and waiver of extraterritorial jurisdiction by the cities 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
Denton agrees that it will proceed in the manner authorized by law to annex the
property described in Exhibit "A" Connth agrees that it will proceed in the manner
provided by law to annex the property described in Exhibits "B" and "C" attached hereto
III
ZONING AND PLATS
Both cities recogmze that all property that is subject to this Agreement may carry
temporary zoning classfficatIons under the applicable ordinance and be subject to the
platting reqmrements of the c~ty which will annex such property The parties understand
that the Oakmont subdlvts~on is basmally 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 part, es agree that this Agreement IS entered into only for the disannexation
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 stat in a court of competent of jurisdiction to enforce the provisions of th~s
Agreement, including recovery of court costs and attorney's fees
Page 2
19355
V
PERFORMANCE
The part~es agree that the legislative acts to be performed hereunder will be
coordinated between them so as to be performed s~multaneously or as close thereto as
possible, consistent w~th applicable law
VI
SEVERABILITY
If any prows~on of th~s Agreement ~s held to be illegal, ~nval~d or unenforceable,
the legality, val~&ty or enforceability of the remmmng provisions of th~s Agreement shall
not be affected and shall remmn m full force and effect
In w~mess whereof, Denton and Connth, acting under the authority of thmr
respective governing bodies, have caused th~s Agreement to be executed in duphcate
originals as of the date first written above
CITY OF DENTON, TEXAS
CITY OF CORINTH, TEXAS
ATTEST
/,J
~TY' SE~.I(_ETARY - - CITY SECRETARY
~ ,~~ ~ ~_~ ~.~ ~~,.~&APPROVED AS TO FORM ROVED AS, F
)EITY ATTORNEY CITY ATTORNEY
(rid/4-23-99)
Page 3 19355
EXHIBIT a
LEGAL DESCRIPTION
TRACT I 17 110 ACRES
BEING a tract of land sttnated ~n the Berry Merchant Survey Abstract Number 800, Deotoo
County, Texas and being a portton o f that tract of land formerly described by deed to T~mbe~glen
as recorded in County Clerks Fdmg Number 95 R0079950 and brag more particularly described
by metes and bounds as follows
COMMENCING at the most northerly northwest corner ofsa~d T~mberglen Company tract sa~d
potnt being m the south right-of-way hne of Rob nson Road ( au 80 R~ght-of-way),
THENCE S 03 °35'36"W, 1451 81 feet to the POINT OF BEGINNING
THENCE S 86°55'29"E, 155 87 feet,
THENCE N 59°31'5 I"E, 79 49 feet to the beg~nnmg of a curve to the right,
THENCE w~th said curve to the r~ght, through a central angle of 08°48'43", hawng a radms of
270 00 feet, the long chord ofwhmh bears S 18°04'26"E, 41 48 feet, mi are distance of 41 53
feet,
THENCE N 83°2Y28"E, 183 73 feet,
THENCE S 07°$8'31"W, 46 39 feet,
THENCE S 06°36'32"E, 735 13 feet,
THENCE S 52°55'03"W, 280 98 feet,
THENCE S 07° 14'55"W, 394 58 feet,
THENCE S 03°49'09"E, 585 42 feet to a point m the City L~m~t hne between the C~ty of Denton
and the C~ty of Corinth,
THENCE N 85 °44'40"W, 365 72 feet along sa~d Cxty L~m~t hne,
THENCE N 03°06'13"E, 1883 13 feet along said C~ty L~m~t line to the POINT OF BEGINNING
and containing 745,290 square feet or 17 110 acres of land more or less
C&B Job No 981727014
S#XXX
J 'O'OB~98172714\SUR\WP\LEG\G001 OUT
February 18, 1999
Page 1 of I
EXHIBIT A
LEGAL DESCRIPTION
TRACT 2 0 062 ACRES
BEING a tract ofland s~tuated m the A H Sermn Survey, Abstract Number 1198, Denton
County, Texas and being a portmn of that tract of land formerly described by deed to Tmtherglen
as recorded m County Clerks F~bng Number 95-R0079950 and brag more particularly described
by metes and bounds as follows
COMMENCING' at the most northerly northwest comer of sa~d T~mberglen Company tract sa~d
pmnt being m the soutb r~gbt-of~way hne of Robinson Road (an 80' R~gbt-of Way),
THENCE S 03°35'36"W, 145 [ 81 feet,
THENCE S 03"06'13"W, 1883 13 feet,
THENCE S 85°44~40"E, 365 72 feet,
THENCE S 03 °49~04"E, 3 56 feet to the POINT OF BEGINNING said point being on the City
LIrmt line between the C~ty of Denton and the C~ty of Corinth,
THENCE S 02°41'50"W, 380 23 feet departing satd C~ty L~m~t hne,
THENCE S 82°17'59"W, 14 37 feet returmng to sa~d C~ty L~mlt hne,
~THENCE N 04°48'42"E, 383 08 feet along smd d C~ty L~m~t line to the POINT OF
BEGINNING and containing 2,687 square feet or 0 062 acres of land more or less
C&B Job No 981727014
S#XXX
J \JOB\98172714~SUR\WP\LEG\G004 OUT
February 18, 1999
Page 1 ofl
586°55 29 E N83°23 28 E
R=270 O0
T=~0 80
41 48
j T~CT 1
17H0
AC~S
~ h~ 0 062 AC~
i ~ ~ EXHIBIT A
300 600 900
~ ~ ~ ~ ~ ~ ~ ~o · oo~2 ~c~s
GRAPH I~ SCALE iN FEET ~ s~u~r[o IN THE B[RflY UERCHANT SURVEY
DATE 2-18-99 SHT NO
~ Ca~. B~s
~~ D~WN TM
~nm ~ JOB NO 981727014 CHECKED JFK
EXHIBIT B
LEGAL DESCRIPTION
10 603 ACRES
BEING a tract of land sttuated ~n rhea H Scrren Survey, Abstract Number 1198, Denton
County, Texas and being a portmn of that tract of land formerly described by deed to T~mbe~glon
as recorded m County Clerks Fflmg Number 95-R0079950 and brag more particularly described
by metes and bounds as follows
COMMENCING at the most southerly southeast comer of sa~d T~mberglen Company tract
THENCE N 86°28'58"W, 1799 70 feet,
THENCE N 0 l °30'20"W, 171 24 feet
THENCE N 03 °35'38"E, 643 98 feet to the POINT OF BEGINNING sa~d point being on thc
City L~m~t hne between the C~ty of Denton and the C~ty of Corinth,
THENCE N 80°IY38"W, 342 08 feet departing sa~d C~ty Lmut line,
THENCE N 81 °06'46"W, 301 82 feet,
THENCE N 09°58'23"W, 109 67 feet,
THENCE N 11 °04'33"E, 95 57 feet,
THENCE N 46°32'45"E, 102 34 feet,
THENCE N 14° 16'30"E, 214 60 feet
THENCE N 18°50'30"E, 286 00 feet,
THENCE S 84°54'08"E, 487 65 feet returning to smd C~ty L~m~t hne
THENCE S 04°52'43"W, 814 96 feet along sa~d Ctty L~m~t line to the POINT OF BEGINNING
and containing 461,887 square feet or 10 603 acres of land more or less
C&B JobNo 981727014
S#XXX
J ~JOB\98172714~SUR\WP\LEG\G002 OUT
February 18, 1999
Page I of I
z
~ Nl'ri°1
c~ Nloo
..~NOi°30'2?W NO~35'3~'E ~/ ~
- 17~ 24'
8~ 96'
~ EXHIBIT B
~ AN EXHIBIT OF
~ 10 603 HC~S
~ OF LAND SITUATED IN THE BERRY MERCHANT SURVEY,
~ ABSTRACT NUMBER 800, DENTON COUNTY, TEXAS
EXHIBIT C
LEGAL DESCRIPTION
5 709 ACRES
BEING a tract of land s~tuated ~n the A I~ Serren Survey, Abstract Number 1198, Denton
County, Texas and being a port,on of that tract of land formerly described by deed to T~mberglen
as recorded tn County Clerks Fdmg Number 95-R0079950 and brag more particularly described
by metes and bounds as follows
COMMENCING at the most southerly southeast comer of sa~d T~mbergleu Company tract
THENCE N 86°28'58"W, 1799 70 feet,
THENCE N 01 °30~20"W, 171 24 feet to the POINT OF BEGINNING said pmnt being on the
City L~m~t hne between the City of Denton and the C~ty of Corinth,
THENCE N 85°42'20"W, 724 62 feet along sa~d C~ty L~m~t hne
THENCE N 04° 17'40"E, 226 51 feet departing sa~d C~ty Limit hne,
THENCE N 77°49~41"E, 78 01 feet,
THENCE N 65 °46'03"E, 293 39 feet,
THENCE S 83 °34~04"E, 388 31 feet returning to sa~d C~ty Limit line,
THENCE S 03 °40~55"W, 374 27 feet along sa~d C~ty l~m~t hne to the POINT OF BEGINNING
and ¢ontmmng 248,698 square feet or 5 709 acres of land more or less
C&B lobNo 981727014
S#XXX
J UOB\98172714\SUR\WP\LEG\G003 OUT
March 10, 1999
Page 1 of I
~ D£N)'ON C£1'y LM£1-S
CORINI'N CI?y LIMI?S ~ ~
~ ~z z 17~ j
DATE 2-17-99 HT NO
~ Ca~ B~s
~ & ~U~E~ iNC DESIGNED
lOB NO 981727014 CHECKED JFK