2017-159AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING A DATE, TIME, AND
PLACE FOR TWO PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN
PROPERTIES GENERALLY LOCATED NORTH OF BRUSH CREEK ROAD AND EAST OF
FORT WORTH DRIVE BY THE CITY OF DENTON, TEXAS, AUTHORIZING AND
DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC
HEARINGS. (A17-0004)
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Texas 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 desired to pursue annexation of two tracts of land, being one tract of
approximately 4.2497 acres and legally described as A1164A James Severe, TR 31, County
Property ID #R73915 ("Property 1"), and the other being a tract of approximately 2.4603 acres
and legally described as A1164A James Severe, TR 31A, County Property ID #R470395
("Property 2"), both of which are generally located north of Brush Creek Road and east of Fort
Worth Drive, and more particularly described in Exhibit A attached hereto and incorporated herein
(collectively, the "Properties"); and
WHEREAS, on February 21, 2017, the City Council adopted Ordinance 2017-071 to
provide for Periphery Development Annexation Criteria in order to define and clarify when a
property in the City's Extra-territorial Jurisdiction (ETJ) should be considered for annexation
through enumerated criteria; and
WHEREAS, both Property 1 and Property 2 qualify under these criteria as they both require
connection to City public services, both are located within the City's CCN boundary for water,
wastewater, and electric service, and are partially within the City limits, as noted in Subchapter 35.3
of the Denton Development Code; and
WHEREAS, the City sent the owners of the Properties a notice of intent to annex the
Properties on April 10, 2017; and
WHEREAS, the Denton City Council hereby deems it to be in the best interests of the citizens
of the City of Denton to pursue annexation of the Properties and to set public hearings in this matter
for this purpose; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
l'1 1()N 1, On the 13th day of June at 6:30 p.m. and the 20th day of June 2017 at 6:30
p.m. in the City of Denton City Council Chambers 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, more particularly
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 2017.
.._."11A�tTTS,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP OV1AS"]"' LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
"Miffri
BEGINNING at a fence corner for corner in the east line of United States Highway Number 377,
a public roadway, said point being the southwest corner of that certain tract of land described in
Trustee's Deed from WDN Group, LLC to John E. Girard, Trustee recorded under Document
Number 2011-94894, Real Property Records, Denton County, Texas;
THENCE N 880 10' 11" E, 571.29 feet with the south line of Girard, Trustee tract to an iron rod
found for corner, said point being the northwest corner of Lot 7, Block A of Kiowa Trail Estates,
an addition to Denton County, Texas according to the plat thereof recorded in Cabinet F, Page 277,
Plat Records, Denton County, Texas;
THENCE S 060 56' 38" W, 562.04 feet with the west line of Kiowa Trail Estates to an iron rod
set for corner;
THENCE N 740 0V 42" W, 710.70 feet to an iron rod set for corner in said east line of said U.S.
Highway Number 377;
THENCE N 270 38' 29" E, 388.45 feet with said east line of U.S. Highway 377 to the PLACE
OF BEGINNING and containing 6.746 acres of land, and excepting certain lands already within
the city limits.
Tract 11
COMMENCING at a fence corner for corner in the east line of United States Highway Number
377, a public roadway, said point being the southwest corner of that certain tract of land described
in Trustee's Deed from WDN Group, LLC to John E. Girard, Trustee, recorded under Document
Number 2011-94894, Real Property Records, Denton County, Texas;
THENCE S 270 38' 29" W, 388.45 feet with said east line of said U.S. Highway to an iron rod
set for PLACE OF BEGINNING, said point being the southwest corner of that certain tract of
land conveyed by deed from Billie Jean Williams et al to Jose Ramos and Hilda P. Ramos recorded
under Document Number 2011-38202, Real Property Records, Denton County, Texas;
THENCE S 740 01' 42" E, 710.70 feet to the south line of said Ramos tract to an iron rod set for
corner in the west line of Lot 10, Block A of Kiowa Trail Estates, an addition to Denton County,
Texas according to the plat thereof recorded in Cabinet F, Page 277, Plat Records, Denton County,
Texas;
THENCE S 060 56' 38" W, 502.76 feet with the west line of said Kiowa Trail Estates and with
the west line of that certain tract of and conveyed by deed from Robert N. Burns and Christel B.
Burns to Allison Renae Prather and Jonathon R. Prather recorded under Document Number 2009-
21263, Real Property Records, Denton County, Texas, and with the west line of that certain tract
of land conveyed by deed from William C. Lewis and Sandra Lewis to Barrett Goodwin recorded
under document number 2010-126474, Real Property Records, Denton County, Texas to an iron
rod set for corner in Brush Creek Road, a public roadway;
THENCE N 89" 46' 19" W, 555.00 feet with said Brush Creek Road to an iron rod set for corner;
THENCE N 01 0 00' 41 "E, 6.94 feet with said Brush Creek Road to an iron rod set for corner;
THENCE N 880 26' 19" W, 285.53 feet with said Brush Creek Road to an iron rod set for corner
at right-of-way flare;
THENCE N 290 10' 38" W, 108.28 feet with said right-of-way flare to an iron rod set for corner
in said east line of said U.S. Highway Number 377;
THENCE N 270 33' 41" E, 197.80 feet with said east line of said U.S. Highway to a concrete
monument found for corner;
THENCE N 21" 50' 41" E, 302.54 feet with said east line of said U.S, Highway to a concrete
monument found for corner;
THENCE N 270 38' 29" E, 143,35 feet with said east line of said U.S. Highway to the PLACE
OF BEGINNING and containing 11.323 acres of land, and excepting certain lands already within
the city limits.
A17-0004
Mixed Use Site