2016-087S:\Legal\Our pocuments\OrdinancesU 6W 15-0016 Public Hearing Date Ordinance.docx
ORDINANCE NO. 2016-087
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING DATES, TIMES, AND
PLACES FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN
PROPERTY BY THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING THE
CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. (A15-0016)
WHEREAS, pursuant to Section 43.052, Subchapter C, Texas Local Government Code, a
home rule city is authorized to annex certain area 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 one of said properties is listed in and more specified described in Exhibit A attached
hereto and incorporated by reference herein ("Property"); and
WHEREAS, the owner of the Property entered in an agreement 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 owner's covenants not to develop the
property and to consent to annexation of the Property upon breach or termination of said agreement
("Non-Annexation Agreement"); and
WHEREAS, the owner of the Property submitted a preliminary plat application on October
27, 2017, for the purposes of developing the property, which said application is a breach of the
Non-Annexation Agreement; and
WHEREAS, upon the property owner's breach of the Non-Annexation Agreement 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 at 5:00 p.m. in
the City of •Denton City 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 property 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 �71C��-' �` ����"'�''�' � '�` °� ''n' �
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APP���� m�'l��Wl:�� �� �� TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Exhibit A
ALL THAT CERTAIN Tract or Parcel of land situated in the MOREAU FORREST SURVEY, Abstract Number
417, Denton County, Texas; and being a part of a tract of land described in a deed to the Geesling
Property Trust, Geesling Gassaway County, Inc., as recorded in Instrument Number 2005-50246, of the
Real Property Records of Denton County, Texas; the subject tract being more particularly described as
follows:
BEGINNING at a Mag Nail found for the Southeast corner of said Geesling Tract in an asphalt road under
apparent public use, posted as Geesling Road, said point being the recognized and occupied Northeast
corner of a tract of land described in a deed fio DPD, L.L.P., as recorded in Instrument Number 2003-
194876 of said Real Property Records of Denton County, Texas;
THENCE North 87 degrees 59 minutes 28 seconds West with the North line of said DPD Tract and a
South line of said Geesling Tract, along or near a fence a distance of 1164.94 feet to wood fence post
found for the Southernmost Southwest corner of said Geesling Tract, and the Northwest corner of said
DPD Tract, in the East line of Lot 2, Block A of the Batey Addition, an addition to the City of Denton,
according to the Plat there of recorded in Cabinet L, Page 373 of the Plat Records of Denton County,
Texas;
THENCE North 02 degrees 12 minutes 06 seconds East with a West line of said Geesling Tract and the
East line of said Lot 2, along or near a fence a distance of 78.49 feet to a wood fence post found for the
Northeast corner of said Lot 2;
THENCE North 87 degrees 16 minutes 41 seconds West with a South line of said Geesling Tract and the
North line of said Lot 2, along or near a fence a distance of 248.79 feet to a wood fence post found for
the Westernmost Southwest corner of said Geesling Tract, in the East line of a tract of land described in
a deed to Key-Roberts Partners, LTD., as recorded in Instrument Number 1999-130463 of said Real
Property Records of Denton County, Texas;
THENCE North 01 degree 40 minutes 51 seconds East with the East line of said Key-Roberts Tract and a
West line of said Geesling Tract a distance of 500.04 feet, to the existing City Limits of the City of
Denton;
THENCE North 80 degrees 12 minutes 23 seconds East, with said City Limits line a distance of 1446.62
feet to the East line of said Geesling Tract, in said Geesling Road;
THENCE South 01 degree 59 minutes 27 seconds West with the East line of said Geesling Tract, and with
said Geesling Road, a distance of 877.51 feet to the PLACE OF BEGINNING, and enclosing 23.24 acres,
more or less.