2016-3402016-340
*RDINANCE NO.
AN ORDINACE OF THE CITY OF DENTON, TEXAS, COMFIRMING AND
APPROVING A BOUNDARY ADJUSTMENT AGREEMENT, WITH THE CITY OF
CORINTH, TEXAS, ADJUSTING A MUTUAL BOUNDARY OF THE CITIES NOT
EXCEEDING 1,000 FEET; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("Denton") and the City of Corinth ("Corinth")
(each individual referred to as "City" and collectively referred to as the "Cities") are
adjacent and neighboring municipalities that currently share common boundaries and are
empowered by State law, the Constitution, and their respective Charters to establish their
corporate boundaries; and
WHEREAS, the Cities desire to amend their mutual boundary as set forth in that
certain Boundary Adjustment Agreement attached hereto as Exhibit "A", and
incorporated by reference as if set forth at length herein (the "Agreement") which
confirms and adjusts their respective corporate boundaries; and
WHEREAS, Section 43.031 of the Local Government Code allows cities to enter
into mutually agreeable boundary changes if the width of the area does not exceed 1,000
feet; and
WHEREAS, the governing body of Corinth has approved a Resolution to
authorize the use of Eminent Domain to bring a Condemnation Action for acquiring the
subject property; and
WHEREAS, the governing body of Corinth has approved the form of the
Agreement and has duly executed the same in Exhibit A; and
WHEREAS, Denton's City Council finds that the Agreement and the adjustment
to the mutual boundary is in the public interest for the health, safety and welfare of
residents; NOW, THEREFORE,
SECTION 1. The findings and recitations contained in the preamble of this
Ordinance are incorporated herein by reference.
SECTION 2. The City Council of the City of Denton hereby confirms and
approves the Agreement attached as Exhibit A and authorizes the Mayor, or his designee
to enter into the Agreement on behalf of the City of Denton, Texas.
SECTION 3. This ordinance has been twice read after published notice in
compliance with Denton City Charter Section 1.03 prior to its passage.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional or unlawful, such holding shall
not affect the validity of the remaining provisions of this Ordinance.
SECTION 5. This Ordinance shall become effective immediately upon its
passage and approval,
PASSED AND APPROVED this the day of tj 0 b vi, 2016
I Al
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
13Y.
APPROVI,."D AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: 7 14S
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WHEREAS, pursuant to §43.031 of the Texas Local Government Code, The City of
Denton, Texas ("Denton") and the City of Corinth, Texas ("Corinth") desire to adjust their mutual
boundary by executing an boundary adjustment agreement; and
WHEREAS, the City Council of the City of Corinth, Texas (the "City Council") finds and
determines that the adjustment of corporate boundaries is in the best interest of the public health,
safety and welfare. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORINTH, TEXAS:
SECTION 1. The City Council hereby approves the Boundary Adjustment Agreement (the
"Agreernent! ) by and between Corinth and Denton, a copy ofwhich is attached hereto and incorporated
herein for all purposes as Exhibit "A."
SECTION 2. The Mayor is hereby authorized to execute the Ament and all other
documents in connection therewith behalf of Corinth, substantially according to the terms and
conditions set forth in the Agreement.
SI crm 3. The City Secretary is hereby directed to amend Corinth's official map to
incorporate the changes effected by the Agreement and to file copies thereof with the County Clerk
of Denton County, Texas
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED THIS(qL DAY Owl, - M,
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Win. Andrew Messer, City Attorney
I
EXHIBIT "A"
LEGAL DESCRIPTION
0.164 Acre Tract
BEING a 0.164 acre tract of land situated in the B. Merchant Survey, Abstract No. 800, City of Corinth, Denton
County, Texas, and being part of a called 41.272 acre tract of land described as Tract 1 in a Deed to Endeavor
Energy Resources, L.P., as recorded in Document No. 2007-34656 of the Real Property Records of Denton County,
Texas, and also being part of a called 1.702 acre tract of land described in a Deed to the State of Texas for FM 2499,
a variable width right -of --way, as recorded in Document No. 2013-117939 of the Real Property Records of Denton
County, Texas and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped 'TNP" found for corner in the Easterly line of said FM 2499,
at the Southeast comer of the above cited 1.702 acre tract, and being in the most Westerly South line of the above
cited 41.272 acre tract;
THENCE in a Northwesterly direction, along the Easterly line of said FM 2499 and said 1.702 acre tract, and along a
non -tangent curve to the left having a central angle of 02°5547", a radius of 1160.00 feet, a chord bearing of North
21 °45'30" West, a chord distance of 59.31 feet and an arc length of 59.32 feet to a point for comer at the POINT OF
BEGINNING, for the herein described tract;
THENCE North 88°47'09" West departing the Easterly line of said FM 2499 and said 1.702 acre tract, for a distance
of 16.74 feet to a point for comer, from which a 5/8 inch iron rod found for the Northwest comer of a called 5.149 acre
tract of land described as Tract 5 in a Deed to Denton County, Texas, as recorded In Document No. 2005-99455 of
the Real Property Records of Denton County, Texas, bears South 01'00'35" West a distance of 54.63 feet;
THENCE North 01 °00'35" East for a distance of 7.55 feet to a point for comer;
THENCE North 77'21'21" East passing a 5/8 inch iron rod with cap stamped "TNP" set in the Easterly line of said FM
2499 and said 1.702 acre tract at a distance of 12.29 feet, and continuing for a total distance of 24.41 feet to a 5/8
inch iron rod with cap stamped 'TNP" set for comer at the beginning of a curve to the right;
THENCE in an Easterly direction, along said curve to the right having a central angle of 27°39'54", a radius of 552.00
feet, a chord bearing of South 88°4843" East, a chord distance of 263.95 feet and an are length of 266.53 feet to a
5/8 inch iron rod with cap stamped "TNP" set for comer at the beginning of a reverse curve to the left;
THENCE in a Southeasterly direction, along said reverse curve to the left having a central angle of 13°48'30", a
radius of 468.00 feet, a chord bearing of South 81 °53'01" East, a chord distance of 112.51 feet and an arc length of
112.79 feet to a 5/8 inch iron rod With cap stamped 'TNP" set for comer;
THENCE North 88"47'09" West for a distance of 382.58 feet to the POINT OF BEGINNING, and containing 0.164
acres of land, more or less.
12
Todd B. Turner, R.P.L.S. No. 4859
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
Date: February 28, 2016
TNP Project No. CRN13290 Sheet 1 oft
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THIS AGREEMENT is made and entered into by and between the CITY OF DENTON,
TEXAS ("Denton"), and the CITY OF CORINT, TEXAS ("Corinth")
WHEREAS, pursuant to Section 43.031 of the Texas Local Government Code, which
authorizes adjacent cities to make mutually agreeable changes in their boundaries of areas that are
less than 1,000 feet in width, Denton and Corinth desire to adjust the mutual boundary pursuant to
this Agreement; and
WHEREAS, Denton and Corinth are adjacent municipalities and the land affected by this
boundary change is less than 1,000 feet in width; and
WHEREAS, the city boundary of Corinth is in part contiguous with the city boundary
of Denton and is in a location that creates confusion regarding the administration of municipal
services on Lake Sharon Drive to be constructed by Corinth; and
WHEREAS, Denton and Corinth agree that it is in the best interest of both cities to
adjust the city boundary to a location where the entirety of Lake Sharon Drive located east of FM
2499, is located within the corporate limits of Corinth; and
WHEREAS, the governing bodies of Denton and Corinth find that the adjusted mutual
boundary as provided in this Agreement is in the public interest.
NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises
expressed herein, Denton and Corinth agree as follows:
SECTION I.
Boundary Adjustment
Denton and Corinth hereby agree that the .164 acres tract of property, as described and
depicted in Exhibit "A" attached hereto and incorporated herein by reference for all purposes, is
hereby released form the corporate boundaries of Denton and simultaneously incorporated into the
corporate boundaries of Corinth. In this regard, Denton waives, releases and relinquishes its
jurisdictional rights to Corinth with respect to the .164 acres tract of property described and
depicted in Exhibit "A". It is expressly agreed that this waiver and release shall only operate in
favor of Denton and Corinth, and shall not constitute a waiver or release of any right which Denton
and Corinth may be able to assert against another municipality.
SECTION II.
Jurisdiction over Connections and Connectivity along Future Lake Sharon Drive
For developments within Denton's adjusted city limits which front the boundary adjusted
by this Agreement, it is understood and agreed that Denton shall maintain jurisdiction, and apply
its own development standards internal to these subdivisions, specifically including, but not
limited to, development standards and design criteria which prescribe the necessity of connections
to Lake Sharon Drive. However, Corinth shall retain exclusive jurisdiction and control over Lake
Sharon Drive, and the design, construction and permitting of any connections thereto, including
those connections required by subdivisions within Denton's city limits. Provided that the
developers of such Denton subdivisions meet the reasonable requirements imposed by Corinth for
either temporary or permanent (as appropriate) connection to Lake Sharon Drive, such permits
will not be unreasonably withheld.
W.171 v, I oil nA
Should any provision of this Agreement be declared void by a court of competent
jurisdiction, the remaining provisions of this Agreement shall remain in fall force and effect.
SECTION IV.
Denton and Corinth represent to each other that their respective governing bodies have
approved this Agreement by ordinance or resolution.
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Denton and Corinth agree that this Agreement shall take effect upon adoption by the
governing bodies and execution by the Mayor of each city.
APPROVED BY THE CITY COUNCI�FOR THE CITY OF DENTON, TEXAS, at
its meeting held on the I day of _, 2016, and executed by its authorized
representative.
Waffi, Mayor
ATTEST:
JCT)WCI�ity Secretary
APPROVED AS TO FORM:
Ayitift Bur sass
r~"...^.
Wrn. Andrew Mes-ser, City Attorney
LEGAL DESCRIPTION
0.964 Acre Tract
BEING a 0.164 acre tract of land situated in the B. Merchant Survey, Abstract No. 800, City of Corinth, Denton
County, Texas, and being part of a called 41.272 acre tract of land described as Tract 1 in a Deed to Endeavor
Energy Resources, L.P., as recorded in Document No. 2007-34656 of the Real Property Records of Denton County,
Texas, and also being part of a called 1.702 acre tract of land described in a Deed to the State of Texas for FM 2499,
a variable width right-of-way, as recorded in Document No. 2013-117939 of the Real Property Records of Denton
County, Texas and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP" found for comer in the Easterly line of said FM 2499,
at the Southeast comer of the above cited 1.702 acre tract, and being in the most Westerly South line of the above
cited 41.272 acre tract;
THENCE in a Northwesterly direction, along the Easterly line of said FM 2499 and said 1.702 acre tract, and along a
non -tangent curve to the left having a central angle of 02°55'47", a radius of 1160.00 feet, a chord bearing of North
21 °45'30" West, a chord distance of 59.31 feet and an arc length of 59.32 feet to a point for comer at the POINT OF
BEGINNING, for the herein described tract;
THENCE North 88°47'09" West departing the Easterly line of said FM 2499 and said 1.702 acre tract, for a distance
of 16.74 feet to a point for corner, from which a 5/8 inch iron rod found for the Northwest corner of a called 5.149 acre
tract of land described as Tract 5 in a Deed to Denton County, Texas, as recorded in Document No. 2005-99455 of
the Real Property Records of Denton County, Texas, bears South 01 °00'35" West a distance of 54.63 feet;
THENCE North 01'00'35" East for a distance of 7.55 feet to a point for comer;
THENCE North 77°21'21" East passing a 5/8 inch iron rod with cap stamped "TN P" set in the Easterly line of said FM
2499 and said 1.702 acre tract at a distance of 12.29 feet, and continuing for a total distance of 24.41 feet to a 5/8
inch iron rod with cap stamped "TNP" set for comer at the beginning of a curve to the right;
THENCE in an Easterly direction, along said curve to the right having a central angle of 27°39'54", a radius of 552.00
feet, a chord bearing of South 88°4843" East, a chord distance of 263.95 feet and an arc length of 266.53 feet to a
5/8 inch iron rod with cap stamped "TNP° set for comer at the beginning of a reverse curve to the left;
THENCE in a Southeasterly direction, along said reverse curve to the left having a central angle of 13°48'30", a
radius of 468.00 feet, a chord bearing of South 81®53'01" East, a chord distance of 112.51 feet and an arc length of
112.79 feet to a 5/8 inch iron rod with cap stamped "TN P" set for comer;
THENCE North 88'47'09" West for a distance of 382.58 feet to the POINT OF BEGINNING, and containing 0.164
acres of land, more or less.
r �r
Todd B. Turner, R.P.L.S. No. 4859
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
Date: February 28, 2016
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TSD a. TURNER
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4859 �r
TNP Project No. CRN13290 Sheet 1 of 2
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