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2016-082S:\Legal\Our pocuments\Ordinances\16�2016 Annexation Ordinance.docx ORDINANCE NO. 2OIC-OSZ AN ORDINANCE ESTABLISHING PUBLIC HEARING DATES AND AUTHORIZING THE CITY SECRETARY TO PUBLISH NOTICE FOR APRIL 5, 2016, AND APRIL 12, 2016, FOR ANNEXATION OF EIGHT (8) PROPERTIES, IDENTIFIED BY THE FOLLOWING PROPERTY IDENTIFICATION NUMBERS (DH-2: 60756 AND 60759), (DH-3: 41547), (PAA1: 651278), (PAA3; 315334 AND 60790) AND (PAA4: 202610 AND 37729), IN THE CITY OF DENTON, TEXAS. WHEREAS, pursuant to Section 43.052, Subchapter C, Texas Local Government Code, a home rule city is authorized to annex certain areas in the 3-year annexation plan which was adopted by the City in 2010 under Ordinance 2010-093; and WHEREAS, certain areas of land in the City were designated agricultural, wildlife management, or timberland use and therefore were excluded from the City's 3-year annexation plan, which said properties are listed in and more specifically described in Exhibit A attached hereto and incorporated by reference herein ("Properties"); and WHEREAS, the owners of the Properties entered into agreements with the City pursuant to Section 212.172 of the Texas Local Government Code in order to retain the land in the City's extraterritorial jurisdiction in exchange for the property owners' covenants not to develop the property and to consent to annexation of the Property upon breach or termination of said agreement ("Non-Annexation Agreements"); and WHEREAS, these Non-Annexation Agreements expired on March 1, 2016 and therefore the City has sent notice of its intent to annex the Property under Section 43.062, Subchapter C-1, Texas Local Government Code; and WHEREAS, the City Council desires to set public hearings in this matter for this purpose; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. On the St� day of April at 6:30 p.m. and the 12t" day of April 2016 at 5:00 p.m. in the City of Denton Council Chamber of City Hall, 215 E. McKinney Street, Denton, Texas, the City Council will hold Public Hearings giving all interested persons the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the properties described in Exhibit A. SECTION 2. The City Secretary of the City of Denton, Texas, or her designee, is hereby authorized and directed to cause notice of such public hearings to be published once in the newspaper having general circulation in the City and in the above described territory not more than twenty days nor less than ten days prior to the date of such public hearings and to publish the dates, times, and locations of the public hearings on the City's website, in accordance with Chapter 43 of the Texas Local Government Code. � PASSED AND APPROVED this the � day of �°�� ;� "� m� 2016. �� ,�� ^ ..:.........:.�....__ ...................�.,..____.—_—. �_r'� 1 ��S WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY �, r �� BY: �� ""'6 �.. � �'�� s�. � � --- .. APPR( �-�� TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � ,�� BY• � � � ��'�� .��°'� ,, • —�----- ...... _ _— ........W. Exhibit A Properties Subject to Annexation DH2 Property ID 60756 Being a called 11.717 acre tract of land, situated in the E.A. Orr Survey, Abstract No. 983, Denton County, Texas, and being that portion lying outside of the city limits of a 19.317 acre tract described in the First Tract of that Warranty Deed with Vendor's Lien dated September 3, 1980 from Jeannette E. McDonald to Gerald L. Mitchell and wife, Nedra C. Mitchell, filed for record September 4, 1980 and recorded in Volume 1034, Page 167 of the Real Property Records of Denton County, Texas, Said 11.717 acres, more or less, is commonly known as DCAD Property ID 60756. Property ID 60759 Being a called 33.73 acre tract of land, situated in the E.A. Orr Survey, Abstract No. 983, Denton County, Texas, and being that portion lying outside of the city limits of a 36.765 acre tract described in the Second Tract of that Warranty Deed with Vendor's Lien dated September 3, 1980 from Jeannette E. McDonald to Gerald L. Mitchell and wife, Nedra C. Mitchell, iiled for record September 4, 1980 and recorded in Volume 1034, Page 167 of the Real Property Records of Denton County, Texas. Said 33.75 acres, more or less, is commonly known as DCAD Properry ID 60759. DH3 Property ID 41547 Being 51.367 acres of land, more or less, situated in the T.W. Daugherty Survey, Abstract No. 357, Denton County, Texas, and being more fully described in that Distribution Deed to Estate Beneficiary dated July 19, 2005 from Jessie H. Havenhill, Independent Executor of the Estate of Ralph C. Havenhill, Deceased to Jessie H. Havenhill, Trustee of the Havenhill Family Exempt Trust, filed for record on July 20, 2005 and recorded in Instrument Number 2005-88434 of the Real Property Records of Denton County, Texas. Said 51.367 acres of land, more or less, is commonly known as DCAD Property ID 41547. PAAl Property ID 651278 A 3.13 acre tract of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated March 29, 2014, from Thomas Kent Hall to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014-96406 of the Real Property Records of Denton County, Texas. Said 3.13 acre tract of land is commonly known as DCAD Property ID 651278. PAA3 Property ID 315334 Being 21 acres of land, more or less, situated in the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, more fully described in that Deed Without Warranty dated March 3, 2011, from HLHTE-Lyda Hill Trust, HLHTE-Alinda H. Wikert Trust and HLHTE-Albert G. Hill, Jr. Trust to H3H, LLC, a Texas limited liability company, filed for.record on March 9, 2011 and recorded in Instrument Number 2011-22008 of the Real Property Records of Denton County, Texas. SAVE AND EXCEPT 4.74 acres of land, more or less, currently within the existing city limits, commonly known as DCAD Properry ID 315333. Leaving 16.26 acres of land, more or less, commonly known as DCAD Property ID 315334. Property ID 60790 Being a called 18.73 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain South one-half (1/2) of a called 142.97 acre tract of land, described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Ballard Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 631 of the Official Public Records of Denton County, Texas. Said 18.73 acres, more or less, is commonly known as DCAD Properry ID 60790. PAA4 Property ID 202610 Being Lot 10, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated December 30, 2008 from Daniel A. Cooper and wife, Amy D. Cooper to Ozzie Chapa and Linda Genneken Chapa, filed for record on December 31, 2008 and recorded in Instrument Number 2008-137843 of the Real Property Records of Denton County, Texas. Said Lot 10, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202610. Property ID No. 37729 Being 44.823 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Correction Warranty Deed dated June 15, 1963 from Emil M. Schertz, a/k/a E. M. Schertz, and wife, Lydia Schertz to Mrs. Ruby Finch filed for record on August 12, 1963 and recorded in Volume 497, Page 547 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch, Jr. to Michael Joe Schertz and wife, Amy Beth Schertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton County, Texas. Said 10.050 acres of land, more or less, is commonly known as DCAD Property ID No. 244900. Additionally SAVE & EXCEPT: 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 28, 2004 from Mrs. Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument Number 2004-141689 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Properry ID No. 273044. The remaining 29.772 acres, more or less, is commonly known as DCAD Property ID No. 37729.