A22-0002 INCOMPLETEORDINANCENO. A22-OO02
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A MUNICIPAL
SERVICES AGREEMENT, PURSUANT TO TEX. LOC. GOV. CODE SEC. 43.0672,BETWEEN THE CITY OF DENTON AND HARLAN PROPERTY INC. FOR THE
PROVISION OF CITY SERVICES TO APPROXIMATELY 82.96 ACRES OF LAND,GENERALLY LOCATED ON THE NORTH SIDE OF BARTHOLD ROADAPPROXIMATELY 1,300 FEET WEST OF INTERSTATE 35 (1-35); APPROVING ASCHEDULE OF ANNEXATION; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. (A22-0002)
WHEREAS, the applicant Aimee Bissett of 97 Land Company LLC, on behalf of the
property owner, Harlan Property Inc. (hereafter referred to as “Owner”), has submitted a petitionfor voluntary annexation of approximately 82.96 acres of land in Denton County, Texas as
described in Exhibit A attached hereto and incorporated herein (“Property”); and
WHEREAS, the City of Denton must first negotiate a written Municipal Services
Agreement with the Owner of the real property subject to a petition for voluntary annexation,
pursuant to Tex. Loc. Govt. Code Sec. 43.0672, that contains (1) the services that the City of
Denton will provide on the effective date of the annexation and (2) a schedule that includes the
period within which the City of Denton will provide each service that is not provided on the
effective date of the annexation; and
WHEREAS, the City of Denton and the Owner have come to an agreement about the
provision of full services to the Property following the annexation of the Property; and
WHEREAS, the City Council of the City of Denton finds it to be in the best interest of the
citizens of Denton to enter into a Municipal Services Agreement with the Owner; 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 herein by reference.
SECTION 2. The Municipal Services Agreement (“Agreement“), made in accordance with
applicable provisions of state law pertaining to annexation, is approved and attached hereto as
Exhibit B and is made a part hereof for all intents and purposes.
SECTION 3. The City Manager, or designee, is hereby authorized to execute the Agreement
and to carry out the duties and responsibilities of the City of Denton under the Agreement.
SECTION 4. The schedule of annexation attached hereto as Exhibit C is approved and
adopted for this annexation.
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 and approval.
Th, m,ti,„ t, ,pp„„, thi, „di„,„„ w,s mad, by ]MEmE ,„d
seconded by .-Je4se QAA/is , the ordinancid bythe following vote [J -a :
Ayer
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Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis. District 3 :
Alison Maguire. District 4:
Brandon Chase McGee,
At Large Place 5 :V/
b/Chris Watts, At Large Place 6:
PASSED AND APPROVED this, the Vbday of (bohr , 2022.
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FRIFDm{bT
ATTEST: DepoT ?CiTY SECRETARYH+egM%A b\\Stllllllf
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
11 ]b&\ dr 1%b :jI ; ;r1 : Flg; E : : 0 2 : 4 8BY: J v -05'OO'
Page 2 of 3
EXHIBIT ALEGAL DESCRIPTION
BEING a tract of land situated in the S. L. Johnson Survey, Abstract No. 683, Denton County,
Texas, and being a portion of Tract 1 (called 294.026-acres) and a portion of Tract 3 (called 86.132-
acres), described in a Warranty Deed to Harlan Properties, Inc., as recorded in Volume 4296, Page
1246 of the Official Records of Denton County, Texas, and being more particularly described bymetes and bounds as follows:
BEGINNING at the southeast corner of said Tract 3 (called 86.132-acres), same being the
southwest corner of a called 20.9980-acre tract of land, described in a Special Warranty Deed toBlue Beacon International, Inc., as recorded in Instrument No. 2017-101448 of the Official
Records of Denton County, Texas, same also being in Barthold Road, an apparent public use right
of way, no record found, same also being on the current city limit line of the City of Denton;
THENCE North 89'’37'20" West, along the southerly line of said Tract 3 (called 86.132-acres)
and said Barthold Road, along the current city limit line of the City of Denton, a distance of
1,305.82 feet to the southwest corner of said Tract 3 (called 86.132-acres), same being the
southeast corner of a called 7.873-acre tract of land, described in a General Warranty Deed to
Arthur Smuck and Kathryn Smuck, as recorded in Instrument No. 2018-61600 of the Official
Records of Denton County, Texas;
THENCE North 00'’52’15" East, departing said Barthold Road, along the westerly line of said
Tract 3 (called 86.132-acres), the easterly line of said 7.873-acre tract, and continuing along the
current city limit line of the City of Denton, a distance of 467.94 feet to the northeast corner ofsaid 7.873-acre tract;
THENCE North 00'’57’32" East, along the common line of said Tract 1 (called 294.026-acres)
and said Tract 3 (called 86.132-acres), at a distance of 1,944.17 feet passing the most westerly
northwest corner of said Tract 3 (called 86.132-acres) and an interior eII corner of said Tract 1
(called 294.026-acres), and continuing crossing said Tract 1 (called 294.026-acres) for a total
distance of 2,229.72 feet to a point for corner;
THENCE North 77'’30'39" East, crossing said Tract 1 (called 294.026-acres) and said Tract 3
(called 86.132-acres), a distance of 1,300.11 feet to a point for corner on the easterly line of said
Tract 3 (called 86.132-acres), same being on the westerly line of the remainder of a called 76.500
acre tract of land, described in a Special Warranty Deed to New Farms, LLC, as recorded inInstrument No. 2010-108304 of the Official Records of Denton County, Texas, same also being
on the current city limit line of the City of Denton;
THENCE South 00'’09'1 I " West, along the easterly line of said Tract 3 (called 86.132-acres), the
westerly line of said remainder of called 76.500-acre tract, and the westerly line of a called 30.00-
acre tract of land, described in a Special Warranty Deed to Primoris Services Corporation, as
recorded in Instrument No. 2020-1570440 of the Official Records of Denton County, Texas, and
the westerly line of Lot 1, Block A of 1-35 Warehouse Addition, an addition to the City of Denton,
according to the Final Plat, recorded in Document No. 2021-351 of the Plat Records of Denton
Page 3 of 3
County, Texas, continuing along the westerly line of said Lot 1 and along the current city limit
line of the City of Denton, a distance of 1 ,755.65 feet to the northeast corner of a called 1.00-acre
tract of land, described in a deed to Eagleridge Midstream, LLC, as recorded in Instrument No.
2018-70841 of the Official Records of Denton County, Texas;
THENCE North 89'’50’49" West, along the northerly line of said 1.00-acre tract and along the
current city limit line of the City of Denton, a distance of 148.62 feet to the northwest corner ofsaid 1.00-acre tract;
THENCE South 00'’09'11" West, along the westerly line of said 1.00-acre tract and along the
current city limit line of the City of Denton, a distance of 290.40 feet to the southwest corner of
said 1.00-acre tract;
THENCE South 89'’50'49" East, along the southerly line of said 1.00-acre tract and along the
current city limit line of the City of Denton, a distance of 148.62 feet to the southeast corner of
said 1.00-acre tract, same being on the easterly line of said Tract 3 (called 86.132-acres), and the
westerly line of said 1-35 Warehouse Addition;
THENCE South 00'’09’11" West (bearing basis), along the easterly line of said Tract 3 (called
86.132-acres), the westerly line of said said 1-35 Warehouse Addition, passing the southwestcorner of said said 1-35 Warehouse Addition and the northwest corner of Lot 1, Block A of Blue
Beacon International Addition, an addition to the City of Denton according to the Final Plat,
recorded in Document No. 2019-171 of the Plat Records f Denton County, Texas, and continuing
along the current city limit line of the City of Denton, a total distance of 941.02 feet to a point for
corner; to the POINT OF BEGINNING and containing 82.96 acres of land, more or less.
This document was prepared under 22 TAC §138.95, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
Page 4 of 3
EXHIBIT BMUNICIPAL SERVICES AGREEMENT
Page 5 of 3
MUNICIPAL SERVICES AGREEMENT
This Municipal Service Agreement (" Agreement") is entered into this 18th day of October
2022, by and between and the City of Denton, a Texas home-rule municipality (“City”), and the
property owner, Harlan Property Inc. (hereafter referred to as “Owner”).
RECITALS:
WHEREAS, Section 43.0671 of the TLGC permits the City to annex an area if each
owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter
into a written agreement with the property owner(s) that sets forth the City services to be
provided for the Property on or after the effective date of annexation;
WHEREAS, the Owner owns one (1) tract of land, totaling approximately 169.69 acres
of land (the “Full Project Area”), of which approximately 82.96 acres are being petitioned to be
annexed, as described in Exhibit A and depicted in Exhibit B, incorporated herein by reference
(“the Property”) and of which the remaining portion of the tract of land approximately 86.73 acres
will remain in the City’s Extra-territorial Jurisdiction (ETJ); and
WHEREAS, the Owner has filed a written petition with the City for voluntary annexation
of the Property, identified as Annexation Case No. A22-0002 (“Annexation Case”); and
WHEREAS, the City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation; and
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Denton City Council.
NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises
contained herein, City and Owner agree as follows:
1.PROPERTY. This Agreement is only applicable to the Property, which is the subject ofthe Annexation Case.
2.INTENT. It is the intent of the City that this Agreement provide for the delivery of
full, available municipal services to the Property in accordance with state law, which
may be accomplished through any means permitted by law.
3.MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will
provide the municipal services set forth below. As used in this Agreement, “providing
services” includes having services available by any method or means by which the City
makes such municipal services available to any other area of the City, including per the
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City’s infrastructure extension policies, ordinances, and developer or property owner
participation in accordance with applicable city ordinances, rules, regulations, and policies.
A.Police
Police protection from City’s Police Department shall be provided to the Property at a levelconsistent with current methods and procedures presently provided to areas with similar
topography, land use, and population density, on the effective date of the ordinance. Someof these services include :
1.
2.
3.
4.
Normal patrols and responses;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and
weapons; and
Coordination with other public safety support agencies.
special
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
population density.
B.Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services
to the Property. These services include:
1.
2.
3.
4.
5.
Fire suppression and rescue;
Hazardous materials response and mitigation;
Emergency prevention and public education efforts;
Technical rescue response; and
Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of
Denton having similar characteristics of topography, land use, and population density, on
the effective date of the ordinance.
a
As development commences in these areas, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with other areas having similar characteristics of topography, land use, and population
density. It is anticipated that fire stations planned to serve areas currently within the City
of Denton will be sufficient to serve areas now being considered for annexation.
2
Upon ultimate development, fire protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and
population density.
C.Emergency Medical Service
The Denton Fire Department (DFD) will provide the following Emergency Medical
Services (EMS) and safety services to the Property. These services include:
Emergency medical dispatch and pre-arrival First Aid instructions;
Pre-hospital emergency Advanced Life Support (ALS) response;and
transport;
3 . Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to
areas of the City of Denton having similar characteristics of topography, land use, and
population density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and
equipment will be provided to furnish these areas with the level of services consistent withother areas of the City having similar characteristics of topography, land use, and
population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D.Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to
all residents, and sole provider for solid waste collection services to commercial entities in
the City. Recycling collection services for commercial entities are managed on the open
market, and the City of Denton is one option for service provision. Solid waste and
recycling collection services will be provided to the Property immediately upon the
effective date of the annexation at a level consistent with current methods and procedures
presently provided to areas within the city having similar characteristics of topography,
land use, and population density.
Customers receiving their existing services from private solid waste and recycling
collection service providers operating on the Property immediately prior to annexation may
continue to utilize their existing service for up to 2 years in accordance with Texas Local
Government Code. Should that private service end prior to the expiration of the two (2)
year term, the customer must initiate solid waste and recycling services with the City of
Denton, pursuant to Chapter 24 of the Code of Ordinances.
E.Wastewater Facilities
aJ
The Property is located within the City of Denton Sewer Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 20072, as issued by the Public
Utilities Commission (PUC).
As new development occurs within the area surrounding the Property, sanitary sewer mains
will be extended in accordance with the provisions of the Denton Development Code,Water/Wastewater Criteria Manual, ordinances and regulations. If required, City
participation in the costs of these extensions shall be in accordance with applicable City
ordinances and regulations. Capacity shall be provided consistent with other areas having
similar characteristics of topography, land use, and population density. The sanitary sewer
infrastructure shall be compatible and consistent with the City’s wastewater master plan.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
utility easements, public rights-of-way, or any other acceptable locations approved by the
Director of Water Utilities, shall be maintained by the City beginning on the effective date
of the ordinance approving the Annexation Case, if installed or improved to City standards
within the Property.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be the responsibility of the
prIvate property owner.
Private wastewater facilities, otherwise known as Onsite Sewage Facilities (OSSFs), shall
not be operated in a manner that causes a nuisance or is otherwise out of compliance with
State and local codes. Modifications, alterations, or transfer of existing systems shall
require an application for a system alteration and subsequent review of current system
conditions for adherence to State and local codes. All systems disposing of final effluent
with surface irrigation shall require a maintenance contract with a licensed maintenance
provider as required by Chapter 26 Article IX of the City’s codified ordinances.
F.Water Facilities
The Property is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Public
Utilities Commission (PUC).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Wastewater
Criteria Manual, and existing City ordinances and policies. Upon connection to existing
distribution mains, water service will be provided at rates established by city ordinance.
As new development occurs within the area surrounding the Property, any required
extensions of water distribution mains, shall utilize cost participation and shall be in
accordance with the Denton Development Code, Water/Wastewater Criteria Manual, and
with existing City ordinances and policies. Water service capacity shall be provided inaccordance with Public Utility Commission (PUC) and Texas Commission on
4
Environmental Quality (TCEQ) requirements for water distribution. The water
infrastructure shall be compatible and consistent with the City’s water master plan.
Operation and maintenance of water facilities and infrastructure that lie within the service
area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private
water systems will be allowed to remain on those systems until a request for water service
is made to the City; provided no changes in property ownership occur. These requests forservice will be handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is received.
G.Roads and Streets
Emergency road or street maintenance, defined as repairs necessary to prevent imminent
damage or injury to the health or safety of the public or any person, as determined by the
Director of Public Works, shall be provided along the frontage of the Property upon the
effective date of the ordinance approving the Annexation Case. Routine road or street
maintenance shall be provided along the frontage of the Property and will be scheduled as
part of the City’s annual program, in accordance with the current policies and procedures
defined by ordinance, or otherwise established by the City Council.
Any road or street construction or reconstruction will be considered along the frontage of
the Property on a Citywide basis and within the context of the City’s Capital Improvement
Plan and/or yearly fiscal budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting
with regulatory signs, then warning signs, then informational signs, in conformance with
fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and
placed on the City’s inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H.Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Stormwater Criteria Manual, and existing
City ordinances and policies. Drainage fees will be assessed at the rates established by city
ordinance and will be charged on the utility bill after annexation. All runoff, whether
directly tied into the system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or
improved by the property owner. Any cost participation shall be in accordance with theDenton Development Code, Stormwater Criteria Manual, and with existing City
ordinances and policies. Drainage facilities extended by the City will have to be a Capital
Improvement Project (CIP) project and bonds will need to be sold. Drainage capacity shall
5
be provided consistent with other areas of the City having similar characteristics of
topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will beallowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the time the request for improved drainage facilities is received by the City.
These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan.
1.Electric
The Property will be served with electricity distribution service in the most cost-effective
manner; provided, however, that before the property owner may enter into a contract with
an electricity distribution service provider, (i) the property owner shall provide the City
with any and all bona fide offers that the property owner has received from electricity
distribution service providers that can legally serve the Property and (ii) the City shall have
30 business days to provide to the property owner Denton Municipal Electric’s (“DME”)
offer to provide distribution electricity service to the Property; and provided further, that ifDME’s offer is substantially similar to the most cost-effective offer from another
distribution electricity service provider that can legally serve the Property, then the
property owner will obtain electricity distribution service from DME. The term“substantially similar” means that the terms of the offers provide the approximately the
same level of service at approximately the same start-up cost to the property owner.
Electric rates applicable to the property owner will be pursuant to the then applicable DME
rates as approved by the Denton City Council.
Such electricity service offers will be based upon the following terms:
1.The electricity distribution service provider will extend electric distribution
facilities as necessary to serve full development of the Property. The
electricity distribution service provider will evaluate the cost associated
with service extension through the undeveloped area to determine if an Aid-
in-Construction agreement is required. The electricity distribution service
provider is responsible for installation of all primary-voltage electrical
cables, transformers, switchgear, streetlight poles and LED streetlightfixtures, streetlight cables, single-family residential services, and other
necessary electric distribution and transmission system equipment in
compliance with DME’S Electric Service Standards and Line ExtensionPolicies currently in place at the time of development, whether onsite or
offsite as necessary to provide adequate and reliable electric service to the
Property .
2 The property owner will provide all on-site public utility easements (PUEs)
to the electricity distribution provider that are necessary to protect, install,
safely operate and maintain the electric infrastructure, at no cost to the City.
PUEs will be 8 feet in width adjacent to street rights-of-way in single family
6
residential areas, and 15 feet in width adjacent to Primary and Secondary
Arterial rights-of-way (20 feet where duct banks are required). Easements
will be conveyed through the platting process unless the electricity
distribution service provider requests an easement be transferred by
separate instrument. The provider agrees to joint trench installation of otherfranchised utilities such as telephone, cable tv, fiber optic cables, or other
non-gas utilities within the designated public utility easements as long asthose utilities are on an edge shelf of the trench and not placed directlyabove the electric facilities.
3.Existing overhead electric distribution lines, which are located in the public
rights-of-way, will be relocated by the electricity distribution service
provider at no cost to the property owner when development adjacent to the
existing electric line requires the line to be relocated in order to
accommodate the adjacent development as long as the relocation is also to
an overhead position. If the property owner requests the relocation be
placed underground, then the property owner shall be responsible for the
difference in cost between the overhead relocation and the underground
relocation as reasonably determined and demonstrated by the electricity
distribution service provider. Existing overhead electric distribution linesnot owned by the electricity distribution service provider will be relocated
underground by the owner of the lines if so required to comply with the
Denton Development Code.
4.The property owner will comply with those City approved policies within
the DME Electric Service Standards (ESS), as amended, that are available
on the City website and uniformly applied within the City, including the
specifications for street lighting.
5.All new distribution electric service within the surrounding area of the
Property shall be placed underground except for necessary above ground
appurtenances such as streetlights, switchgear and transformers. The City
shall have the right to inspect the electric facilities prior to placing suchfacilities into use.
J.Parks, Playgrounds, Swimming Pools
Residents of the Property may utilize all existing park and recreation facilities as of theeffective date of this ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
As new development occurs within the area surrounding the Property, additional park and
recreation facilities shall be constructed based on park policies defined in the Parks,
Recreation and Trails System Master Plan and other existing City ordinances and policies.
K.Publicly Owned Facilities. Any publicly owned facility, building, or service located
within the Property, and not otherwise owned or maintained by another governmental
7
entity, shall be maintained by the City of Denton on the effective date of the annexationordinance.
L.
M.
Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
Other Services. Other services that may be provided by the City of Denton, such as
municipal and general administration, will be made available as of the effective date of the
ordinance approving the Annexation Case. The City of Denton shall provide a level of
services, infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of the City
of Denton having similar topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
4.UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal
services to each area of the City, including the Property, if different characteristics of
topography, land use, and population density justify different levels of service.
5.AUTHORITY
City and Owner represent that they have full power, authority and legal right to execute,
deliver and perform their obligations pursuant to this Agreement. Owner acknowledges
that approval of the Annexation Case is within the sole jurisdiction of the City Council.
Nothing in this Agreement guarantees favorable decisions by the City Council.
6.EFFECTIVE DATE; TERM
The effective date of this Agreement is the date of the ordinance approving the Annexation
Case. This Agreement shall be valid for a term often (10) years from the Effective Date.
7.VENUE AND (,OVERNIN(, LAW
Venue shall be in the state courts located in Denton County, Texas or the United States
District Court for the Eastern District of Texas. This Agreement shall be governed andconstrued in accordance with the laws and court decisions of the State of Texas.
8.
9.
GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained
in this Agreement.
8
10.COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
11.CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes only
and shall not alter the substance of the terms and conditions of this Agreement.
12.SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the successors and assigns
of the Parties to this Agreement and stand as obligations running with the land until
satisfied in full, regardless of how the Property is developed.
13 ENTIRE AGREEMENT; AMENDMENT.
This Agreement constitutes the complete agreement of the parties to this Agreement and
supersedes all prior written agreements between the parties. This Agreement shall not be
amended unless executed in writing by both parties. The Parties stipulate that this
Agreement does not constitute a permit for development under Chapter 245 of the TexasLocal Government Code.
The parties have executed this Agreement on the date first above written.
OWNER CITY OF DENTON, TEXAS
By: Suresh Shridharani, Harlan Property Inc.By
City Manager, Deputy cfy M4nager, or
Assistant City Manager
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms
bl
Signature
LFD
Title
h',L"n“
Department
Date Signed:
APPROVED AS TO LEGAL FORM:
Mack Reinwand, City Attorney
bI LWh :1 : :; ;11 : :g/ E : : o 5 : 2 4
-05'OO'
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EXHIBIT ALOCATION MAP
GAN'ZER
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11
EXHIBIT BLEGAL DESCRIPTION
BEING a tract of land situated in the S. L. Johnson Survey, Abstract No. 683, Denton County,
Texas, and being a portion of Tract 1 (called 294.026-acres) and a portion of Tract 3 (called 86.132-
acres), described in a Warranty Deed to Harlan Properties, Inc., as recorded in Volume 4296, Page
1246 of the Official Records of Denton County, Texas, and being more particularly described bymetes and bounds as follows:
BEGINNING at the southeast corner of said Tract 3 (called 86.132-acres), same being the
southwest corner of a called 20.9980-acre tract of land, described in a Special Warranty Deed to
Blue Beacon International, Inc., as recorded in Instrument No. 2017-101448 of the Official
Records of Denton County, Texas, same also being in Barthold Road, an apparent public use right
of way, no record found, same also being on the current city limit line of the City of Denton;
THENCE North 89'’37'20" West, along the southerly line of said Tract 3 (called 86.132-acres)
and said Barthold Road, along the current city limit line of the City of Denton, a distance of1,305.82 feet to the southwest corner of said Tract 3 (called 86.132-acres), same being the
southeast corner of a called 7.873-acre tract of land, described in a General Warranty Deed to
Arthur Smuck and Kathryn Smuck, as recorded in Instrument No. 2018-61600 of the Official
Records of Denton County, Texas;
THENCE North 00'’52’15" East, departing said Barthold Road, along the westerly line of said
Tract 3 (called 86.132-acres), the easterly line of said 7.873-acre tract, and continuing along the
current city limit line of the City of Denton, a distance of 467.94 feet to the northeast corner of
said 7.873-acre tract;
THENCE North 00'’57’32" East, along the common line of said Tract 1 (called 294.026-acres)
and said Tract 3 (called 86.132-acres), at a distance of 1,944.17 feet passing the most westerly
northwest corner of said Tract 3 (called 86.132-acres) and an interior ell corner of said Tract 1
(called 294.026-'acres), and continuing crossing said Tract 1 (called 294.026-acres) for a total
distance of 2,229.72 feet to a point for corner;
THENCE North 77'’30’39" East, crossing said Tract 1 (called 294.026-acres) and said Tract 3
(called 86.132-acres), a distance of 1,300.11 feet to a point for corner on the easterly line of said
Tract 3 (called 86.132-acres), same being on the westerly line of the remainder of a called 76.500
acre tract of land, described in a Special Warranty Deed to New Farms, LLC, as recorded in
Instrument No. 2010-108304 of the Official Records of Denton County, Texas, same also being
on the current city limit line of the City of Denton;
THENCE South 00'’09'11" West, along the easterly line of said Tract 3 (called 86.132-acres), the
westerly line of said remainder of called 76.500-acre tract, and the westerly line of a called 30.00-
acre tract of land, described in a Special Warranty Deed to Primoris Services Corporation, as
recorded in Instrument No. 2020-1570440 of the Official Records of Denton County, Texas, and
the westerly line of Lot 1, Block A of 1-35 Warehouse Addition, an addition to the City of Denton,
according to the Final Plat, recorded in Document No. 2021..351 of the Plat Records of Denton
12
County, Texas, continuing along the westerly line of said Lot 1 and along the current city limit
line of the City of Denton, a distance of 1 ,755.65 feet to the northeast corner of a called 1.00-acre
tract of land, described in a deed to Eagleridge Midstream, LLC, as recorded in Instrument No.
2018-70841 of the Official Records of Denton County, Texas;
THENCE North 89'’50’49" West, along the northerly line of said 1.00-acre tract and along the
current city limit line of the City of Denton, a distance of 148.62 feet to the northwest corner of
said 1.00-acre tract;
THENCE South 00'’09’11" West, along the westerly line of said 1.00-acre tract and along the
current city limit line of the City of Denton, a distance of 290.40 feet to the southwest corner of
said 1.00-acre tract;
THENCE South 89'’50’49" East, along the southerly line of said 1.00-acre tract and along the
current city limit line of the City of Denton, a distance of 148.62 feet to the southeast corner ofsaid 1.00-acre tract, same being on the easterly line of said Tract 3 (called 86.132-acres), and the
westerly line of said 1-35 Warehouse Addition;
THENCE South 00'’09’11 " West (bearing basis), along the easterly line of said Tract 3 (called
86.132-acres), the westerly line of said 1-35 Warehouse Addition, passing the southwest corner ofsaid 1-35 Warehouse Addition and the northwest corner of Lot 1, Block A of Blue Beacon
International Addition, an addition to the City of Denton according to the Final Plat, recorded in
Document No. 2019-171 of the Plat Records f Denton County, Texas, and continuing along the
current city limit line of the City of Denton, a total distance of 941.02 feet to a point for corner;to the POINT OF BEGINNING and containing 82.96 acres of land, more or less.
This document was prepared under 22 TAC §138.95, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
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EXHIBIT CANNEXATION SCHEDULE
Page 6 of 3
A22-0002 BARTHOLD ROAD VOLUNTARY ANNEXATIONANNEXATION SCHEDULE
Upcoming City Council Meetings are:
October 2022 - 1 0/18 (Regular)
November 2022 - 1 1/1 (Regular) and 11/15 (Regular)
December 2022 - 12/6 (Regular)
January 2023 - TBD
Annexation
4/12/2022 Petition for Annexation submitted
9/28/2022 Deadline to submit noticed to Denton Record Chronicle and City Website for publication
before the 10th day before the public hearing on October 18, 2022 (published on Saturday ,
October 1, 2022)
10/13/2022 Deadline to submit backup for posting of City Council Agenda for Regular Meeting on
October 18, 2022.
10/18/2022 Annexation Municipal Service Agreement – IC (Required prior fo annexation per
43.0672),
Annexation Public Hearing – PH (Only one public hearing A required per 43. 0673) ,AND
First Reading of annexation ordinance – IC (per City Charter)
10/23/2022
12/6/2022
Publish Ordinance in the paper. (Charter Sec. 7. 03; cannot he acted on for 30 days) ,
CC by 4/5ths vote takes final action – IC (2"d Tuesday meeting)
Second Reading of annexation ordinance,
Adoption of annexation ordinance (30 days+ post publication per Charter Sec. 1.03),AND
Amend Existing Non-Annexation Agreement (NAA)
annexation ordinance is adopted)
IC (Required after the