2017-182S:\I,egal\Our Documents\Ordinances\17\A17-0002 050917.docx
2222
ORDINANCE NO
i `1EAH • ` ` i
WHEREAS, pursuant to Section 43.028, Texas Local Government Code (the "Statute"), a
home rule city is authorized to annex sparsely occupied areas on petition of area landowners; and
WHEREAS, petitioner H3H, LLC ("Petitioner") owns approximately 16 acres of land in
the extraterritorial jurisdiction of the City of Denton, Texas, generally located on the on the north
side of Barthold Road, approximately 340 feet west of the I-35 Southbound Service Road, and is
more particularly described in Exhibit A and illustrated in Exhibit B both attached hereto and
incorporated by reference herein ("Property"); and
WHEREAS, the Property is one-half miles or less in width, is contiguous to the City, and
is vacant and without residents pursuant to Sec. 43.028 (a) of the Statute; and
WHEREAS, the Petitioner submitted a Petition Requesting Annexation by Landowner to
the City on March 9, 2017, for the purposes of requesting that the Property be annexed, attached
in Exhibit Q and
WHEREAS, a public hearing was held with the City Council on April 4, 2019, which was
noticed in accordance with the Statute; and
WHEREAS, annexation proceedings were instituted for the Property described herein at
the first reading of the ordinance conducted at the City Council meeting on April 18, 2017; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton after annexation proceedings were instituted and thirty days prior to City
Council taking final action, as required by the City Charter; and
WHEREAS, a second reading of the ordinance was conducted at the City Council meeting
on June 20, 2017, and the City Council finds that annexing the Property is in the best interest of
the citizens of the City of Denton and will allow the City to ensure development consistent with
the Denton Plan as it is now written or as it may be modified by the City from time to time, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated by reference herein.
SECTION 2. The City hereby ANNEXES the land described and depicted in Exhibit A
and Exhibit B, attached hereto and incorporated herein by reference.
SECTION 3. The newly annexed property shall be included within the corporate limits of
the City of Denton, Texas, thereby extending the City's corporate limits and granting to all the
inhabitants of the newly annexed property all of the rights and privileges of other citizens and
binding the inhabitants to all of the ordinances, resolutions, acts, and regulations of the City. A
copy of this Ordinance shall be filed in the real property records of the Denton County Clerk and
with the Denton County Appraisal District.
SECTION 4. The City Manager is hereby authorized and directed to immediately correct
the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance,
indicating on the map the date of annexation and the number of this Ordinance, and the ETJ
resulting from such boundary extensions.
SECTION 5. Should any paragraph, section, sentence, phrase, clause, or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 6. This ordinance shall be effective immediately upon its passage by the City
..........
Council, and it is accordingly so ordained.
PASSED AND APPROVED this the O
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
A1'"R 1=;1:? AS ro LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
day of4.
,.2017.
14
�
CHRIS WATTS, MA OR
15.737 ACRES
BEING all that certain lot, tract, or parcel of land situated in the S. L. Johnson Survey
Abstract Number 683 in the City of Denton, Denton County, Texas, being a part of that
certain "2 1,000i Acre Tract" of land conveyed by deed from HLHTE-Lydia Hill Trust et al to
1-131-1, LLC recorded under Document Number 2011-22008, Real Property Records, Denton
County, Texas and being more particularly described as follows:
COMMENCING at an iron rod marked "KHA!'fiound for comer in the west line of Interstate
?, publig
the southeast comer of that certain tract of land conveyed by deed from New Farms, LLC
to Phase 17 Investments, LP recorded under Document Number 2011-104771, Real
Property Records, Denton County, Texas;
THENCE N 890 48'47" W, 325.09 feet with the south line of said Phase 17 Investments
tract to a point in the Denton City Limit Line for PLACE OF BEGINNING;
11 i 0 Ef, ff " —!d0'*WK"- 6h7!WA!km1-u X'TW
Road, a public roadway and in the north line of the B.B.B. and C.R.R. Company Survey
Abstract Number 141;
THENCE N 89* 48' 26" W, 955.92 feet with said Barthold Road and with said north line of
said B.B.B. and C.R.R. Company Survey to a PX nail set for comer, said point being the
to Harlan Properties, Inc. recorded in Volume 4296, Page 1426, Real Property Records,
Denton County, Texas;
THENCE
Una Tor comer, said point I)ejng iie southwest comer of said Phase 17 -
Investments tract;
THENCE 8 �2- Q, g- E -
1424F -BU W -14A Ao] M;i q;j 10 1 � 11: file
4561
NEW FARMS, LLC.
TO
PHASE 17
INVESTMENTS, LP
DOC. #2011-104771
F.I.R R.P.R.D.C.T,
(KHA) . ..... 89'48 4,7 t 1, 7r1"
'IRACT 3' "21.000 ACRE TRACT"
ELLot �)[Sr" Mc'-DONNO, L HLHTE—LYRA HILL TRUST ET AL
TO
HARLAN PROPERTIES, TO
INC- Y13H 1 LC'
VOL 4296, PG. 1246 DOCJ2�j—22008
R.P.R.D.C.T.
rolb"
su
15.737 ACRES
SET I IN�—N
PK NAIL BAFff H= ROAD
B'S.13. & C.R.R. Co. SURVEY A-141
OF
6 T tp
,o
4501
EXHIBIT f 'B fl
AAWEXATIONEXHIBIT
15.73 7 A CRES IN THE
S.L. JODNSONSURVEYA-683
CITY OF DENTON, DENTON COTEXA
4238 t-35 NOKI'll
DENTON, TEXAS 76207
r f -4016
M°� (94,0)382
SURVEYORS, LLC. FAX (940) 387-9784
TX FIRM REGI S'I'RAT[ON NO. 10098600 R6°["1.1 75(fxi-, 1"";
POINT OF
commovoNr,
R
J.
Ty
tl
3i
z
YYm
OF
6 T tp
,o
4501
EXHIBIT f 'B fl
AAWEXATIONEXHIBIT
15.73 7 A CRES IN THE
S.L. JODNSONSURVEYA-683
CITY OF DENTON, DENTON COTEXA
4238 t-35 NOKI'll
DENTON, TEXAS 76207
r f -4016
M°� (94,0)382
SURVEYORS, LLC. FAX (940) 387-9784
TX FIRM REGI S'I'RAT[ON NO. 10098600 R6°["1.1 75(fxi-, 1"";
Exhibit C
N
a,U
B I
1r w
I M,2mar �M vyltiv
TO THE HONORABLE +' r, AND N MEMBERS OF THE CrIY OF
DENTON, TEXAS:
H3H, LLC., owner of the hereinafter described tract or parcel of land ("Property") hereby
voluntarily petitions the City Council of the City of Denton, Texas, to annex the Property and
extend the present city limits and extraterritorial jurisdiction so as to include as part of the City
of Denton, Texas, the Property, containing approximately 16 acres of land, described as follows:
A legal description of the Property is attached hereto as Exhibit A and is incorporated herein by
reference.
A map showing the location of the Property is attached hereto as Exhibit B and is incorporated
herein by reference.
Uwe certify that the above-described Property is contiguous and adjacent to the City of Denton,
Texas, and that this petition is signed and duly acknowledged by each and every person,
corporation, or entity having an ownership interest in said Property.
H 1 ,1: LC.
By:Wim 5wh-1 00' '1^ „
Its:
ACKNOWLEDGEMENT
STATE OF TEXAS
•FSFUZU91M
BEFORE ME, the undersigned authority, on this day personally appeared
Joseph D. O'Brien, III, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
. ,,
Given. under my hand and seal oi`office this s of ""..:. 201 7.
�m—
STATE OF TEXAS
NOTARY d BIC in an
(SEAL), d for the
IA
Punted ��e
'✓Ww't,N
y
My commission expires:„
CUT, Hill 11
15.737 ACRES
EXHIBIT PD of
ANNEXATIONEXH-IBIT
15.73 7 A CRES IN THE
S.L. JOMVSONSURVEYA-683
CITY0FDENTON, DENT01VICOUNTY, TEXAS
J8 l -"i.) NUI(TH
DENTON, TEXAS 76207
't -x- m (940) 382-4016
SURVEYORS, LLC FAX (940) 387-9784
. . . ..........
TX FIRM REGIS'I'RATfON NO. 10098600 )HAWN [W� . ...... iffil . . ....... . ...... . §'
NEW FARMS, LLC,
TO
"21,000 ACRE TRACT"
LH ®LPDA HILL TRUST ET AL
PHASE 17
TO
HARLAN PROPERTIES,
TO
INVESTMENTS. LP
I
DOC.
POIN T Or
F.I.R
(KHA)
t2011-104771
COMML"Nolmcµ-
N w
&
IRI.
(KHA)
EXHIBIT PD of
ANNEXATIONEXH-IBIT
15.73 7 A CRES IN THE
S.L. JOMVSONSURVEYA-683
CITY0FDENTON, DENT01VICOUNTY, TEXAS
J8 l -"i.) NUI(TH
DENTON, TEXAS 76207
't -x- m (940) 382-4016
SURVEYORS, LLC FAX (940) 387-9784
. . . ..........
TX FIRM REGIS'I'RATfON NO. 10098600 )HAWN [W� . ...... iffil . . ....... . ...... . §'
TRACT 3'(5
ELLCRUISE MCDONNa-L
"21,000 ACRE TRACT"
LH ®LPDA HILL TRUST ET AL
TO
HARLAN PROPERTIES,
TO
I
H N 1, LLC,
VOL.C
L. 4296, PG. Ma
R.P.R.M.L
DOC1-22008
V9,11) C.
T.
CD
15.737 ACRES
y
SET
z
PK NAIL
BARTHOLD ROAD
-'
C.RA. Co. SURVEY A-141
.,Wl*.W�B.B3.
&
EXHIBIT PD of
ANNEXATIONEXH-IBIT
15.73 7 A CRES IN THE
S.L. JOMVSONSURVEYA-683
CITY0FDENTON, DENT01VICOUNTY, TEXAS
J8 l -"i.) NUI(TH
DENTON, TEXAS 76207
't -x- m (940) 382-4016
SURVEYORS, LLC FAX (940) 387-9784
. . . ..........
TX FIRM REGIS'I'RATfON NO. 10098600 )HAWN [W� . ...... iffil . . ....... . ...... . §'