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FirstAmendmenttoNonAnnexationAgreementwithJeanAnn
BakerandRyanCapitalPartners,Ltd.ɋOrdinanceNo.201607903/01/16JR
s:\legaf\our dacuments\ardinances\15\ryan road auuepting naa ordinance.doc
ORDINANCE NO. 2015-072
AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION
AGREEMENT FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND
USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE
EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENER.ALLY IDENTIFIED
AS RYAN ROAD ANNEXATION AREA OF APPROXIMATELY 85.6 ACRES
GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF RYAN ROAD, TRACT
1 BEING APPROXIMATELY 175 FEET EAST OF ANDREW STREET AND ADJACENT
TO RYAN ROAD ON THE SOUTH SIDE AND MEASURES APPROXIMATELY 80.9
ACRES. TRACT 2 IS APPROXIMATELY 1,093 FEET EAST OF ANDREW STREET AND
ADJACENT TO RYAN ROAD ON THE NORTH SIDE AND MEASURES
APPROXIMATELY 4.7 ACRES SPECIFICALLY IDENTIFIED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a
home rule city is authorized to annex certain areas that are not required to be in an annexation
plan, and the City desires to pursue annexation of the Ryan Road Annexation Area, as
hereinafter described; and
WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to
make offers of non-annexation development agreements to the owners of all properties which
have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or
timberland within the area to be annexed; and
WHEREAS, under a non-annexation agreement between an eligible property owner and
the City, the land subject to the agreement retains its extraterritorial status and the owners of
such land must abide by the City's development regulations as if such land were within the City
limits, as provided further in such agreement; and
WHEREAS, the City has offered said non-annexation agreements for a one year term in
light of the rapid growth of the Denton area, the need to assure orderly growth, and the
inadequate land area currently within the Denton city limits; and
WHEREAS, the owners of some eligible properties have executed such non-annexation
agreements; the owners of other properties executed such non-annexation agreements but there
were defects in the legal description of such properties, or otherwise ineligible; and yet other
owners to whom notices were sent did not execute the agreements within the allotted period of
time, thereby declining the City's offer; and
WHEREAS, the City and the owners of eligible properties with insufficient legal
descriptions have corrected defects therein; and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to enter into such non-annexation agreements with eligible property owners
who timely submitted non-annexation agreements and have now corrected any legal defects
therein; NOW, THEREFORE,
s:\legal\our documents\ordinances\15\ryan road accepting naa ordinance.doc
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION„_l . The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as Ryan Road Annexation Area, is described in Exhibit
"A", attached hereto and incorporated herein, and depicted in Exhibit "B," attached hereto and
incorporated herein (except that if there is conflict between the Exhibits, "A" and "B" shall
control).
SECTION 3. Certain non-annexation agreement relating to eligible properties within that
parcel identified as Ryan Road Annexation Area, as described and depicted in Exhibits A and B,
which have been properly executed by the owners of those properties and which have legally
sufficient property descriptions, are hereby approved by the City of Denton and are attached
hereto and incorporated herein by reference as Exhibit "C".
SECTION_m4. The City Manager is authorized and directed to sign the non-annexation
agreement contained within Exhibit "C" for and on behalf of the City of Denton as a ministerial
act, but with an effective date of this Council's action on same. The City Manager shall further
arrange forthwith for the recordation of non-annexation agreement in the real property records of
Denton County, Texas.
SECTION 5. In the event the City Council does not annex that parcel identified as Ryan
Road Annexation Area, the City Manager is authorized to rescind the City's action accepting
said non-annexation agreements within six months of the effective date of this Ordinance should
any property owners subject to the agreements so desire.
SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTIONww7. This Ordinance shall take effect immediately on its passage.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AND IT IS SO ORDERED.
Passed b the Cit Council readin this 3 da of ���'�� , 2015.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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s:\legal\our documents\ordinances\I S\ryan road accepting naa ordinance.doc
APPROVED AS TO L�GAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: �.d�° ��M��
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Page 3
Exhibit A
RYAN RQAD
80.9 ACRE TRACT 1
All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State
of Texas, and presently being embraced by the Denton city limit boundaries of record and
established by the annexation ordinances as follows: Ordinance 2001-090, Ordinance 1977-005,
Ordinance 1999-089 and Ordinance 1999-176; and being situated in the T. Labor Survey,
Abstract Number 779 and the N. Britton Survey, Abstract Number 51 and being all of the 65.504
acre tract of land and all of 15.435 acres of land as described in the deed as recorded in Volume
2522 Page 898, Deed Records, Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a northwest corner of the existing Denton city limits as established by
Ordinance No. 1975-005 and being a corner of the existing Denton city limits as established by
Ordinance No. 2001-090;
THENCE South, along a west line of said existing Denton city limits established by Ordinance
No. 1977-005 and along a east line of said existing Denton city limits established by Ordinance
No. 2001-090 to a distance of 30 feet to the point of beginning of the herein described tract;
THENCE South, along the existing Denton city limits established by Ordinance No. 1977-005, a
distance of 1,306.6 feet to a point for a corner;
THENCE South 89 degrees O1 minutes West, along the existing Denton city limits established
by Ordinance No. 1977-005, a distance of 605.5 feet to a point for a corner;
THENCE South O1 degrees 50' minutes East, along the existing Denton city limits established
by Ordinance No. 1977-005, a distance of 674.62 feet to a point for a corner and being a
northerly northeast corner of existing Denton city limits established by Ordinance No. 1999-089
and being the northeast corner of Lot 39, Block J, of Ryan Ranch Estate Phase I, an Addition to
the City of Denton, Denton County, Texas, according to the Plat thereof, recorded in Cabinet S,
Page 122, of the Plat Records of Denton County, Texas;
THENCE South 88 degrees 35 minutes 22 seconds West, along the existing Denton city limits
established by Ordinance No. 1999-089, at a distance of 144.51 feet passing the northwest corner
of said Lot 39 and being the northeast corner of Ryan Ranch Estates Phase II, an Addition to the
City of Denton, Denton County, Texas, according to the Plat thereof, recorded in Cabinet T,
Page 333, of the Plat Records of Denton County, Texas, and along the north line of said Ryan
Ranch Phase II, a total distance of 1339.57 feet to a point for a corner and being the northwest
corner of said Ryan Ranch Estate Phase II addition and being a corner of the existing Denton city
limits established by Ordinance No. 1999-089;
THENCE South 00 degrees 35 minutes 59 seconds East, along the existing Denton city limits
established by Ordinance No. 1999-089 and along the west line of said Ryan Ranch Estates
Phase II addition, a distance of 665.43 feet to a point for a corner and being the southeast corner
of the 0:08 acre tract of land as described in the deed to the City of Denton from Melbagene
Ryan as recorded by County Clerk file number 2003-196087, Real Property Records, Denton
County, Texas;
Page 1 of 2
September 30, 2014
THENCE North 88 degrees 17 minutes 03 seconds West, along the south line of said 0.08 acre
tract a distance of 80.20 feet to a point for a corner and being the southwest corner of said 0.08
acre tract and being the southeast corner of the existing Denton city limits established by
Ordinance 1999-176;
THENCE North, along the east line of the existing Denton city limits established by Ordinance
1999-176 and along the east line of Thistle Hill Estate Phase II, an Addition to the City of
Denton, Denton County, Texas, according to the Plat thereof, recorded in Cabinet X, Page 147,
of the Plat Records of Denton County, Texas, passing at a distance of 1,564.80 the northeast
corner of said Thistle Hill Estate Phase II addition and also being the southeast corner of Thistle
Hill Estate Phase I, an Addition to the City of Denton, Denton County, Texas, according to the
Plat thereof, recorded in Cabinet R, Page 122, of the Plat Records of Denton County, Texas a
total distance of 2,612.80 to a point for a corner and being on a south line of the existing Denton
city limits established by Ordinance 2001-090 and being the northeast corner of said existing
Denton city limits established by Ordinance 1999-176 and being located on the south line of
Ryan Road;
THENCE the following six calls being along the south line of said Denton city limits established
by Ordinance 2001-090 and being along the south line of Ryan Road:
1. South 88 degrees 53 minutes 19 seconds East, a distance of 90.00 feet to a point for a
corner;
2. South 89 degrees 19 minutes 23 seconds East, a distance of 174.90 feet to a point for
a corner;
3. South 87 degrees 50 minutes 17 seconds East, a distance of 311.78 feet to a point for
a corner;
4. North 89 degrees 09 minutes 56 seconds East, a distance of 155.43 feet to a point for
a corner;
5. North 87 degrees 44 minutes 07 seconds East, a distance of 100.92 feet to a point for
a corner;
6. North 88 degrees 21 minutes 07 seconds East, a distance of 645.84 feet to a point for
a corner;
THENCE East, along the south line of said Denton city limits as established by Ordinance 2001-
090 and along the south line of said Ryan Road, a total distance 580.07 feet more or less to the
POINT OF BEGINNING and containing 80.9 acres of land.
Page 2 of 2
September 30, 2014
RYAN ROAD
4.7 ACRE TRACT 2
All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State
of Texas, and presently being embraced by the Denton city limit boundaries of record and
established by the annexation ordinances as follows: Ordinance 2001-090 and Ordinance 1973-
017; and being situated in the T. Peacock Survey, Abstract Number 1589 and the C. Poullalier
Survey, Abstract Number 1006 and being part of the 5.518 acre tract of land as described in the
deed to Jean Ann Baker and James Samuel Tull from Melbagene Tull Ryan as recorded by
County Clerk file number 2011-119346, Real Property Records, Denton County, Texas, and
being more particularly described as follows:
COMMENCING at a point in the centerline of Ryan Road and being the southwest corner of
said C. Poullalier Survey and the southeast corner of said T. Peacock Survey and being a corner
of the existing Denton city limits as established by Ordinance No. 2001-090 and being a corner
of the existing Denton city limits as established by Ordinance No. 1973-017;
THENCE North along the existing Denton city limits established by Ordinance No. 2001-090
and Ordinance No.1973-017, a distance of 30 feet to a point for a corner and a corner of said
Denton city limits established by Ordinance 2001-090 and being the point of beginning of the
herein described tract;
THENCE West along the north line of said Ryan Road and a north line of said Denton city limits
established by Ordinance 2001-090, a distance of 805.47 to a point for corner on the west line of
said 5.518 acre tract also being a corner of said Denton city limits established by Ordinance
2001-090;
THENCE North along a west line of said existing Denton city limits established by Ordinance
2001-090 and along the west line of said 5.518 acre tract a distance of 239.41 feet to a point for a
corner being the southwest corner of Lot l, Block E of the Montecito Del Sur, an Addition to the
City of Denton, Denton County, Texas, according to the Plat thereof, recorded in Volume 9,
Page 34, of the Plat Records of Denton County Texas and being the northwest corner of said
5.518 acre tract, also being a corner of said Denton city limits established by Ordinance
No.1973-017;
THENCE North 88 degrees 14 minutes 27 seconds east, along a south line of said Montecito Del
Sur Addition and along a south line of said Denton city limits established by Ordinance No.
1973-017 and along the north line of said 5.518 acre tract a distance of 832.73 feet to a point for
a corner and being a corner of said existing Denton city limits as established by Ordinance 1973-
017 and being the northeast corner of said 5.518 acre tract;
THENCE South 00 degrees 33 minutes 12 seconds east, along the east line of said 5.518 acre
tract and along a east line of said Montecito Del Sur Addition and along said Denton city limits
as established by Ordinance 1973-017 a total distance 252 feet more or less to the POINT OF
BEGINNING and containing 4.7 acres of land.
Page 1 of 1
September 30, 2014
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Exhibit
Exhibit B
LOCATION MAP
4.7 acre & 80.9 acre
Annexation tracts
590 295 0 590 1,180 1, 770
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EX�llb lt "C"
s;lplanninglprojects\2014 caseslal4-0002 ryan roadlfinal documentslnon-a►uiexation agreement ryan road a14-0002 final,doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON-ANNEXATIDN AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and
between the City of Denton, Texas (the "City") and Jean Ann Baker and Ryan Capital Partners,
Ltd ("Owners"), the property owners of the hereinafter described property (the "Property") in
Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
That property described in Exhibit A and B; and graphically depicted in Exhibit C located
on the north and south sides of Ryan Road. Tract 1 is approximately 175 ft east of
Andrew Street and adjacent to Ryan Road on the south side and measures approximately
80.9 acres. Tract 2 is approximately 1,093 ft east of Andrew Street and adjacent to Ryan
Road on the north side and measures approximately 4.7 acres.
WHEREA5, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, Owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreeznent between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
rnanagement use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the teim of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
purposes of retaining lan.d in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.U35; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
s:lplanninglprojects12014 ceses1a14-0002 ryen roadlfinal documents�non-annexation agrecment ryan road a14-0002 final.doc
Section l. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the, Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
:For the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin�egulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended frorn time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the
(RD-5) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals
(including construction, drainage, site design, solid waste, transportation, tree
protection standards, and water/wastewater), Denton Mobility Plan and other
approved Master Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public Works Construction,
North Central Texas, Octobez 2004 edition (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and
DDC Subchapter 24, adopting:
a International Building Code, 2009 Edition with local amendments;
b. International Residential Code, 2009 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2009 Edition with local amendments;
d. International Plumbing Code, 2009 Edition with local amendments;
e. International Fuel Gas Code, 2009 Edition with local amendments;
f. International Mechanical Code, 2009 Edition with Ioca1 amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
2
s:Iplanninglprojects12014 cases1a14-0002 ryan roadlfinal documents\non-annexation agreemen[ ryan road s14-0002 final.doc
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2011 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denion Code §§28-383 — 437 and
§§ 17-141— 210, as amended and as applicable; and ,
1. Irrigation Standards, Denton Code §§28-441-457;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and
Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code,
as amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC,
as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented
by requirements of the Texas Water Code, as amended, Texas Natural Resources
Code, as amended, applicable administrative standards of the Texas Commission on
Environmental Quality, as amended, and applicable administrative standards of the
Federal Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and
subchapter 22 of the Denton Development Code, as amended and as applicable, and
as supplemented by requirements of the Texas Utilities Code, the Texas Natural
Resources Code, the Texas Water Code, and applicable administrative standards of
the Texas Ra.ilroad Commission and Texas Commission on Environmental Quality,
as amended.
Section 4. D�velopmenl Plan to Remain in EffECt. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsisterit with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
3
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Section 5. A�reement Deemed Void in Part• Voluntary Annexation
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
��) �.�`������ ����iz`�+�t���, ��r� ��pcan ����.�1� or termination of this Agreement for any reason,
���� ���� ra���r ����i���� �nz����ai�ax� �r�" t��� l�z���a�rt� pursuant to Tex. Loc. Gov't Code subchapter C-
��'��° +������" ����� ������� ��'c��r����x�� ��^��rni��� vr�luntary annexation of land as may then exist.
��'��a�r� ��������y ���d i�'�v+���b�� ����a,���� to annexation of the Property under such
circumstances. Owners further agree that such annexation by the City shall be deemed
voluntary, and not subject to the requirements and procedures for an annexation plan, as required
by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice sha11 be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7, Record_ in�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which sha11 remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemea a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
4
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Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on 1V�arch 1, 2016. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
terrninat�on of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of .�.�-; � D , 2015.
Owners
.��. �..,c�'��, � , �'' .: ��� ...._
:F. �. Ann Baker
Ryan Capital Partners Ltd,
By
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THE CITY OF DENTON, TEXAS
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CiTy �;:���� � De u �i� �r���„��, oz'
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument w acknowledged before me on the _% Q�'/'1 day of � � „
2014, by ��� � �J Q r. ��
" KIM PARKER L��
"� Motery P�C. Sta�e ol Ro�a1 .� �._._.._.�.
NAy Commi°sion E�irea 01�21-19 Notary Public, State of Texas �m �m m�� mm m
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s:Iplsnninglprojects12014 cases1a14-0002 ryan roadlfinal documentslnon-annexation agreement ryan road a14-0002 final.doc
THE STATE OF TEXAS
COUNTY OF DENTON
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r t�w�s ��k�wca�d'�i���' before me on the %U�YI day of �
2015 b �� �� � � ��
' Y his instrumen � ��� �� � r
'"��' KIM PARKER
*'�"" # Nolary PubNC. State of Texaa
, 6 My Commi^sion Ex�res 01-21-18
THE STATE OF TEXAS
C4UNTY OF DENTON
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Notary Public, State of Texas
This instrument was acknowledged before me on the day of
2015, by ._ __ __ �
THE STATE OF TEXAS
C�UNTY OF DENT�N
}
}
Notary Public, State of Texas
This instrument was acknowledged before me on the � day of
2015, by , �
Notary Public, State of Texas
Ci
s:lplanninglprojects�2014 cases1a14-0002 ryan roedlfinal documentslnon-annexation agroement ryan road a14-0002 final.doc
TI� STATE OF TEXAS
COUNTY OF DENTON
This i��in��ru�� was
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before
���� of Denton,
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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day of�� ���,�4�15, by
�4„� �i�� Manager/Designated
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�1� �����rli� State of Texas �� �
Exhibit A
RYAN ROAD
80.9 ACRE TRACT 1
� i@ t����t ���at:�i�� C��, �r��t ���° parcel of land lying and being situated in ���� �,�a��r�t�+ ��" ���;,�tta�, ���:���
�i '�°������, �r�a� �r����9;�� h�eing embraced by the Denton city limit ����a������� �r�" �°������ ��:��c�
�`�a���a�i��a�:� k�� �1�� �a�r��a�Fad�on ordinances as follows: Ordinance 2001 �C�9i�.6, fi�rdirr��r��� ���7�w����
Ordinance 1999-089 and !�rc.f6���t�a�� 1���«➢'T�; and being situated in the T, Labor Survey,
Abstract Number 779 and t��� 1�. ��°i�tcrt� ������� Abstract Number S 1 and being al] of the 65.504
acre tract of land and all o�" 15,�:°�,� �����,� ��` �'�r�d as described in the deed as recorded in 'Volume
2522 Page 898, Deed Records, Denton County, Texas, and being more particularly described as
fallows:
�"��.�C��'��1��� �� � x�c�������t corner of the existing Denton city limits as established by
°���"��w��Y���� ��« ��"��-��� �r�+� ��P��.g a comer of the existing Denton city limits as established by
���°c��;��°z�c� i�'�. �+������t�;
THENCE South, along a west line of said existing Denton city limits established by Ordinance
No. 1977-005 and along a east line of said existing Denton city limits established by Ordinance
No. 2001-090 to a distance of 30 feet to the point of beginning of the herein described tract;
THENCE South, along the existing Denton city limits established by Qrdinance No. 1977-005, a
distance of 1,306.6 feet to a point for a corner;
THENCE South 89 degrees 01 minutes West, along the existing Denton city limits established
by Ordinance No. 1977-005, a distance of 605.5 feat to a point for a corner;
THENCE South O1 degrees 50' minutes East, along the existing Denton city limits established
by Ordinance No. 1977-005, a distance of 674.62 feet to a point for a corner and being a
northerly northcast corner of existing Denton city limits established by Ordinance No. 1999-089
and being the northeast corner of Lot 39, Block J, of Ryan Ranch Estate Phase I, an Addition to
the City of Denton, Denton County, Texas, according to the Plat thereof, recorded in Cabinet S,
Page 122, of the Plat Records of Denton County, Texas;
THENCE South 88 degrees 35 minutes 22 seconds West, along the existing Denton city limits
established by Ordinance No. 1999-089, at a distance of 144.51 feet passing the northwest corner
of said Lot 39 and being the northeast corner of Ryan Ranch Estates Phase II, an Addition to the
City of Denton, Denton County, Texas, according to the Plat thereof, recorded in Cabinet T,
Page 333, of the Plat Records of Denton CoUnty, Texas, and along the north line of said Ryan
Ranch Phase II, a total distance of 1339.57 feet to a point for a corner and being the northwest
corner of said Ryan Ranch Estate Phase II addition and being a corner of the existing Denton city
limits established by Ordinance No. 1999-089;
THENCE South 00 degrees 35 minutes 59 seconds East, along the existing Denton city limits
established by Ordinance No. 1999-089 and along the west line of said Ryan Ranch Estates
Phase IT addition, a distance of 665.43 feet to a point for a corner and being the southeast corner
of the 0.08 acre tract of land as described in the deed to the City of Denton from Melbagene
Ryan as recorded by County Clerk fle number 2003-196087, Real Property Records, Denton
County, Texas;
Page 1 of 2
s� e� 30, an�a
THENCE North 88 degrees 17 minutes 03 seconds West, aiong the south line of said 0.08 acre
tract a distance of 80.20 feet to a point for a corner and being the southwest corner of said 0.08
acre tract and being the southeast corner of the existing Denton city limits established by
Ordinance 1999-176;
THENCE North, along the east line of the existing Denton city limits established by Ordinance
1999-176 and along the east line of Thistle Hill Estate Phase II, an Addition to the City of
Denton, Denton County, Texas, according to the Plat thereof, recorded in Cabinet X, Page 147,
of the Plat Records of Denton County, Texas, passing at a distance of 1,564.$0 the northeast
corner of said Thistle Hill Estate Phase II addition and aiso being the southeast corner of Thistle
�IT���� ����� �"M���� �, ��� ���'���a���� � ��+� +�i�� ��" ��enton, Denton County, Texas, according to the
�"��� ���y��"���"� �"���a��a�d a� �"�����s� 1�.� ��"��� f"��;, of the Plat Records of Denton County, Texas a
����� �i���w��� a��":���� n�„�d� �� ����airat �"��r ������r and being on a south line of the existing Denton
�`��� ������� ������������� �,� ���`��������� ��� 1�i��Q and being the northeast corner of said existing
Denton city limits established by Ordinance 1999-176 and being located on the south line of
Ryan Road;
THENCE the following six calls being along the south line of said Denton city limits established
by Ordinance 2001-090 and being along the south line of Ryan Road:
1. South 88 degrees 53 minutes 19 seconds East, a distance of 90.00 feet to a point for a
corner;
2. South 89 degrees 19 minutes 23 seconds East, a distance of 174.90 feet to a point for
a corner;
3. South 87 degrees 50 minutes 17 seconds East, a distance of 311.78 feet to a point for
a corner;
4. North 89 degrees 09 rninutes 56 seconds East, a distance of 155.43 feet to a point for
a corner;
5. North 87 degrees 44 minutes 07 seconds East, a distance of 100.92 feet to a point for
a corner;
6. North 88 degrees 21 minutes 07 seconds East, a distance of 645.84 feet to a point for
a corner;
T'HENCE East, along the south line of said Denton city limits as established by Ordinance 2001-
090 and along the south line of said Ryan Road, a total distance 580.07 feet more or less to the
POINT OF BEGINNIlVG and containing 80.9 acres of land.
Page 2 of 2
September 30, 2014
Exhibit B
RYAN ROAD
4.7 ACRE TRACT 2
All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State
of Texas, and presently being embraced by the Denton city limit boundaries of record and
established by the annexation ordinances as follows: Ordinance 2001-090 and Ordinance 1973-
017; and being situated in the T. Peacock Survey, Abstract Number 1589 and the C. Poullalier
Survey, Abstract Number 1006 and being part of the 5.518 acre tract of Iand as described in the
deed to Jean Ann Baker and James Samuel Tull from Melbagene Tull Ryan as recorded by
County Clerk file number 2U11-119346, Real Properiy Records, Denton Counry, Texas, and
being more particularly described as follows:
COMMENCING at a point in the centerline of Ryan Road and being the southwest corner of
said C. Poullalier Survey and the southeast corner of said T. Peacock Survey and being a corner
of the existing Denton city limits as established by Ordinance No. 2001-090 and being a corner
of the existing Denton city limits as established by Ordinance No. 1973-017;
TI-�ENCE North along the existing Denton city limits established by Ordinance No. 2001-090
and Ordinance No.1973-017, a distance of 30 feet to a poini for a corner and a corner of said
Denton city limits established by Ordinance 2001-090 and being the point of beginning of the
herein described tract;
THENCE West along the north line of said Ryan Road and a north line of said Denton city limits
established by Ordinance 2001-090, a distance of 805.47 to a point for corner on the west line of
said 5.518 acre tract also being a corner of said Denton city limits established by Ordinance
2001-090;
THENCE North along a west line of said existing Denton city limits established by Ordinance
2001-090 and along the west line of said 5.518 acre tract a distance of 239.41 feet to a point for a
corner being the southwest corner of Lot 1, Block E of the Montecito Del Sur, an Addition to the
City of Denton, Denton County, Texas, according to the Plat thereof, recorded in Volume 9,
Page 34, of the Plat Records of Denton County Texas and being the northwest corner of said
5.518 acre tract, also being a corner of said Denton city limits established by Ordinance
No.1973-017;
THENCE North 88 degrees ] 4 minutes 27 seconds east, along a south line of said Montecito Del
Sur Addition and along a south line of said Denton city limits established by Ordinance No.
1973-017 and along the nor�h line of said 5.518 acre tract a distance of 832.73 feet to a point for
a corner and being a corner of said existing Denton city limits as established by �rdinance 1973-
017 and being the northeast corner of said 5.518 acre tract;
THENCE South 00 degrees 33 minutes 12 seconds east, along the east line of said 5.518 acre
tract and along a east line of said Montecito Del Sur Addition and along said Denton city limits
as established by Ordinance 1973-017 a total distance 2S2 feet more or less to the POINT OF
BEGINNING and containing 4.7 acres of land.
Page 1 of 1
September 30, 2�14 ,
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Exhibit
Exhibit C
LOCATION MAP
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4.7 acre & 80.9 acre
Annexation tracts
590 295 0 590 1,180 1,770
Feet
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