2017-287AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING A DATE, TIME, AND
PLACE FOR TWO PUBLIC HEARINGS ON THE PROPOSED ANNEXATION O CERTAIN
PROPERTY GENERALLY LOCATED NORTH OF LONG ROAD AND WEST OF F.M. 428
BY THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING THE CITY
SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. (A 17-0005)
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
• • and
attachedWHEREAS, The applicant, Brent L. Murphree, on behalf of the property owner, David
Kuhlken, submitted a petition for annexation to annex a tract of land situated in the Victor Ende
Gailer Survey, Abstract Number 1417, in Denton County, Texas and more particularly described
hereto and incorporated#"Property"); 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 . and
WHEREAS, The property owner consentsto the annexation an• the Property
WHEREAS,VnimairwrAW96ii Iii!Fj is located
within the City's CCN boundary for water, wastewater, and electric service;, and
Denton City Councile deems it to be in the /. interests of
of the City of Denton to pursue annexation of the Properties and to set public hearings in this matter
for f#
THE COUNCIL OF THE CITY OF DENTON HEREBYORDAINS:
SECTION 1. On the 17th day of October at 6:30 p.m. and the 24th day of October 2017
after the completion of the City Council Work Session in the City of Denton City Council
Chambers of City Hall, 215 E. McKinney Street, Denton, Texas, the City Council will hold Public
the City of Denton, Texas, of the Properties, more particularly described in Exhibit A.
SECTION 2,,, The City Secretary of of Denton,or _ designee,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, aniil
locations of the public hearingson website,accordance .• 43 of
Local . •Code.
PASSED AND APPROVED this the1P�"day of yy Y,-2017,
_..��............
.......
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
A PPR V CI +l,rLEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY: AAk,i
I .�
Exhibit A
Legal Description
BEING a tract of land situated in the Victor Ende Gailer Survey, Abstract No. 452 and the H. B.
Williams Survey, Abstract No, 1417, Denton County, Texas, and being a portion of a called
236.129 -acre tract of land, conveyed to Preston Alpha Investments, LLC, as evidenced in a
Special Warranty Deed, recorded in Instrument No. 2013-124673 of the Official Records of
Denton County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a corner in the centerline of F. M. 428 (Sherman Drive), a called 100 -foot wide
right of way, same being the southeast corner of a 50 -foot wide easement for highway purposes
to the State of Texas, recorded in Volume 237, Page 569 of the Deed Records of Denton County,
Texas;
THENCE North 89°03'27" West, departing the centerline of said F. M. 428 (Sherman Drive),
passing at a distance of 58.16 feet, the westerly line of the easement to the State of Texas defining
said F. M. 428 (Sherman Drive), the southeast corner of said 236.129 -acre tract and the northeast
corner of C. H. Collins Athletic Complex, an addition to the City of Denton, Texas, according to
the Final Plat, recorded in Cabinet U, Page 583 of the Plat Records of Denton County, Texas,
continuing along the southerly line of said 236.129 -acre tract, the northerly line of said C. H.
Collins Athletic Complex, recorded in Cabinet U, Page 583, the northerly line of C. H. Collins
Athletic Complex, an addition to the City of Denton, Texas, according to the Final Plat, recorded
in Cabinet V, Page 353 of the Plat Records of Denton County, Texas, and along the northerly
right of way line of Long Road, a variable width right of way, a total distance of 581.63 feet to a
corner on the current city limit line of the City of Denton, and being the POINT OF BEGINNING
of the herein described tract;
THENCE North 89°03'27" West, continuing along the southerly line of said 236.129 -acre tract and
the northerly line of said C. H. Collins Athletic Complex, recorded in Cabinet U, Page 583, the
northerly line of said C. H. Collins Athletic Complex, recorded in Cabinet V, Page 353, the
northerly right of way line of Long Road, a variable width right of way, and along the city limit line
of the City of Denton, a distance of 2,345.36 feet to a corner;
THENCE North 00°48'40" East, departing the southerly line of said 236.129 -acre tract, the
northerly line of said C. H. Collins Athletic Complex, recorded in Cabinet V, Page 353, the
northerly right of way line of Long Road, and the city limit line of the City of Denton, crossing said
236.129 -acre tract, a distance of 598.08 feet to a corner on the southerly line of a 75 -foot wide
electric transmission line easement, recorded in Volume 1172, Page 252 of the Deed Records of
Denton County, Texas;
THENCE South 88031'47" East, continuing across said 236.129 -acre tract and along the southerly
line of said 75 -foot wide electric transmission line easement, a distance of 521.74 feet to an angle
point;
THENCE South 84055'27" East, continuing across said 236.129 -acre tract and continuing along
the southerly line of said 75 -foot wide electric transmission line easement, a distance of 65.00
feet to a corner;
THENCE North 02021'47" East, departing the southerly line of said 75 -foot wide electric
transmission line easement and crossing said 236.129 -acre tract, a distance of 746.18 feet to a
corner on a northerly line of said 236.129 -acre tract, same being on the southerly line of a called
283.73 -acre tract of land, conveyed to Elk River-Poquero, L.P., as evidenced in a Special
Warranty Deed, recorded in Instrument No. 2005-41091 of the Official Records of Denton County,
from said point, a 1/2 -iron rod found at a fence corner post for the southwest corner of said 283.73-
acre tract, bears North 88°42'13" West, a distance of 65.00 feet, said point also being on the
current city limit line of the City of Denton;
THENCE South 88042'13" East, along a northerly line of said 236.129 -acre tract, the southerly
line of said 283.73 -acre tract, the southerly line of a called 100.000 -acre tract of land, conveyed
to the Denton Independent School District, as evidenced in a Special Warranty Deed, recorded
in Instrument No. 2009-108521 of the Official Records of Denton County, Texas, and along the
city limit line of the City of Denton, passing at a distance of 1,974.14 feet, a 1/2 -inch iron rod with
a yellow cap, stamped "METROPLEX 1849" found for the southwest corner of said 100.000 -acre
tract, continuing for a total distance of 2,525.59 feet to an angle point of said city limit line;
THENCE South 31°39'56" West, departing the northerly line of said 236.129 -acre tract, crossing
said 236.129 -acre tract and continuing along the current city limit line of the City of Denton, a
distance of 1,534.28 feet to the POINT OF BEGINNING and containing 73.47 acres (3,200,266
square feet) of land, more or less.
MVhta4 e I B. Mar
Registered Professional Land Surveyor No. 5181
Kimley-Horn and Associates, Inc.
5750 Genesis Court, Suite 200
Frisco, Texas 75034
Ph. 972-335-3580
michael.marx@kimley-horn.com
Firm No. 10193822
4
OF..,.
MICHAEL B. MARX
...... 5181.,.. M ,�
4,�
?S U Rvy.