2017-158ORDINANCE NO, 2017-15
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING A DATE, TIME, AND
PLACE FOR TWO PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN
PROPERTY GENERALLY LOCATED NORTH OF MCKINNEY STREET AND WEST OF
TRINITY ROAD BY THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING
THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. (A17-0001)
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
WHEREAS, the applicant, Brent L Murphree, on behalf of the property owner, The
Woodlands on McKinney St, LLC, submitted a petition for annexation to annex a tract of land
situated in the Moreau Forest Survey, Abstract Number 417, in the City of Denton, Denton County,
Texas, and more particularly described in E,,,xhibit A attached hereto and incorporated herein
(collectively, the "Property"); and
WHEREAS, on December 18, 2012, the City of Denton City Council adopted an ordinance
(2012-363) providing for acceptance of eligible non -annexation agreements for agricultural,
wildlife management or timberland use properties within an area generally identified as DH -12;
and
WHEREAS, the Property is located in DH -12 and is included in three (3) non -annexation
agreements accepted on December 18, 2012; and
WHEREAS, Section 5 of the non -annexation agreements states that the agreement is
deemed void in part if a property owner files any application or plan of development for or
otherwise commences development of any portion of the subject property inconsistent with the
Development Plan provided in Section 2 of the non -annexation agreements. Section 1 and Section
3 of the non -annexation agreements shall thereupon become null and void. Thereafter the City
may initiate annexation of the subject property pursuant to TLGC, or other such provisions
governing voluntary annexation of land as may then exist; and
WHEREAS, the property owner has plans to develop the Property inconsistent with the
Development Plan provided in Section 2 of the non -annexation agreements; 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, the property owner consents to the annexation and the Property qualifies
under these criteria as it will require connection to City public services and the Property is located
within the City's CCN boundary for water, wastewater, and electric service; and
5;\Lega1\0ur Documents\Ordinances\17\A17-0001.docx
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 Property and 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 13t" day of June at 6:30 p.m. and the 20t' 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 Property, more particularly
described in Exhibit A.
S.E.Q.TIO.N.1 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 OLI
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROV :W AS TO .,1`GAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY. "
FIELD NOTE DESCRIPTION
THE WOODLANDS
ANNEXATION EXHIBIT "A"
118.041 ACRES
BEING a tract of land situated in the Moreau Forest Survey, Abstract Number 417, in the City of
Denton, Denton County, Texas and being a portion of that tract of land conveyed to Charles
David Mulkey according to the document filed of recorded in Volume 435, Page 40 of the Deed
Records of Denton County, Texas, and being a portion of that tract of land conveyed to Tracie
Mulkey Yarbrough, Connie Mulkey McKeathen and Vickie Mulkey McQueen, according to the
document filed of record in County Clerk File Number 2012-146251, Real Property Records of
Denton County, Texas and being all that tract of land conveyed to Tracie Mulkey Yarbrough,
Connie Mulkey McKeathen and Vickie Mulkey McQueen according to the document field of
record in County Clerk File Number 96-0021068, Real Property Records of Denton County,
Texas, said tract being more particularly described as follows;
BEGINNING at point in the west line of Trinity Road, a 60 -foot right-of-way, for the most
southerly southeast corner of the tract of land described herein;
THENCE North 83°40'43" West, a distance of 1484.92 feet to a point for corner;
THENCE South 1051'00" West, a distance of 822.18 feet to a point for corner in the north line of
that tract of land described in Cause Number 86-129, Official Public Records of Denton County,
Texas;
THENCE North 54049'37" West, with said north line, a distance of 597.24 feet to a point for
corner at the beginning of a non -tangent curve to the right, having a radius of 5479.50 feet, a
central angle of 3038'00" and a chord bearing and distance of North 53°00'37" West, 347.42
feet;
THENCE with said north line and curve to the right and arc distance of 347.48 feet to a point for
a corner;
THENCE North 51 011'37" West, continuing with said north line, a distance of 712.47 feet to a
point for corner;
THENCE North 2036'49" East, leaving said line, a distance of 1044.40 feet to a point for corner;
THENCE South 87058'53" East, a distance of 1424.55 feet to a point for corner;
THENCE North 2024'19" East, a distance of 1232.07 feet to a point for corner;
THENCE South 88021'43" East, a distance of 863.84 feet to a point for corner;
THENCE South 1042'27" West, a distance of 702.71 feet to a point for corner;
THENCE South 88014'50" East, a distance of 322.02 feet to a point for corner;