HomeMy WebLinkAbout1999-256\\OH LOL\VOLT\SHARHDWfiPTLOL\pur OuwmeouWrAnuoree\9TA 830 UMMUMQEar
ORDINANCE NO 99-AJ
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 65 174 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
SOUTH OF NOWLIN ROAD ON THE EAST SIDE OF FM 2181 (TEASLEY LANE)
GENERALLY OPPOSITE HICKORY CREEK ROAD, IN THE COUNTY OF DENTON,
TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING
A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-83)
WHEREAS, Pinnell / Ford, Inc has petitioned for the annexation of 65 174 acres of land
described herein, and
WHEREAS, the City of Denton on April 13,1999, heard the petition and agreed to grant
the petition for annexation of 65 174 acres of land, and
WHEREAS, on June 9, 1999 the Planning and Zoning Commission recommended
approval of the petition for annexation, and
WHEREAS, public hearings were held in the Council Chambers on May 11, 1999, and
May 18, 1999, (both days being on or after the 40`h day but before the 20t° day before the date of
the institution of the proceedings) to allow all interested persons to state their views and present
evidence bearing upon this annexation, and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introdµction of this ordinance at a meeting of the City Council on June 15, 1999, and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on June 19, 1999, after annexation proceedings were instituted and 30 days
prior to City Council taking final action, as required by City Charter, and
WHEREAS, the City Council finds that the annexation will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth
Management Strategies and Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the tract of land described in Exhibit "A", attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas
C ION 2 That the service plan attached as Exhibit "B", and incorporated by
reference, which provides for the extension of municipal services to the annexed property, is
approved as part of this ordinance
Page 1 of 2
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SE TC ION 3 Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton all the real property described in
Exhibit "A" regardless of whether any other part of the described property is hereby effectively
annexed to the City If any part of the real property annexed is already included within the city
limits of the City of Denton or within the limits of any other city, town or village, or is not within
the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory
annexed as fully as if the excluded area were not expressly described in this ordinance
SECTION 4 That this ordinance shall become effective fourteen (14) days from the date
of its final passage
PASSED AND APPROVED this the ✓" ` day of 11999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
JA LER, MAYOR
Page 2 of 2
EXHIBIT A
DESCRIPTION OF PROPERTY SURVEYED
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE BERRY MERCHANT SURVEY, ABSTRACT No 800, DENTON COUNTY,
TEXAS, AND BEING PART OF A TRACr—OF LAND DESCRIBED IN A DEED FROM
MAGGIE K TEAGUE TO MAC LEE LIVING TRUST, FILED OCTOBER 12, 1993,
RECORDED IN COUNTY CLERK'S FILE 93—RO072122, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
No
DESCRIBED AS FOLLOWS
BEGINNING AT A SET 1/2 INCH IRON ROD AT A CORNER POST AT THE
SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JOHNNY
L JESTER et ux, RECORDED IN COUNTY CLERK'S FILE No 93—R0072123,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, ON THE EAST RIGHT—
OF—WAY OF F M ROAD 2181,
THENCE SOUTH 84 DEGREES 37 MINUTES 55 SECONDS EST, WITH THE
SOUTH LINE OF SAID JESTER TRACT, A DISTANCE OF 680 71 FEET TO A
SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, AT THE SOUTHEAST
CORNER OF SAID JESTER TRACT;
TH THE
LINE THENCE OF SAD ESTERGREES TRACT2 PASSING EAT5585 510NDS EETETHE NIAST
NORTHEAST
CORNER OF SAID JESTER TRACT, CONTINUING A TOTAL DISTANCE OF
599 24 FEET TO A SET 1/2 INCH IRON ROD, ON THE NORTH LINE OF SAID
MAG LEE LIVING TRUST TRACT, ON THE SOUTH LINE OF A TRACT OF LAND
PAGERI827D0 IN A
DEED ERECORDS TO EDENTON COUNTYR et x TEXAS, IiNDIN THE VOLUME
OM DDLE 973,
OF
NOWLIN ROAD,
THENCE SOUTH 89 DEGREES 45 MINUTES 43 SECONDS EST, WITH THE
NORTH LINE OF SAID MAG LEE LIVING TRUST TRACT, AND THE SOUTH LINE
OF SAID WHEELER TRACT, A DISTANCE OF 1738 69 FEET TO A SET 1/2
INCH IRON ROD AT THE NORTHWEST CORNER OF SAID MAG LEE LIVING
IN TRUST
A DEED CTO AMELTHE
WHEELER SOUTHEAST
ux,ORECORDEDRNER OF AIN TRACT
OOLUME 054, PAGE DESCRIBED
17,
DEED RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH 01 DEGREES 12 MINUTES 57 SECONDS EAST, WITH THE EAST
LINE OF SAID MAG LEE LIVING TRUST TRACT, A DISTANCE OF 1308 40
FEET TO A SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, AT THE
SOUTHEAST CORNER OF SAID MAG LEE LIVING TRUST TRACT, AT THE
NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO HERSCHEL
V FORESTER, TRUSTEE, RECORDED IN VOLUME 605, PAGE 621, DEED RECORDS,
DENTON COUNTY, TEXAS,
THENCE NORTH 89 DEGREES 47 MINUTES 20 SECONDS WEST, WITH THE
SOUTH LINE OF SAID MAG LEE LIVING TRUST TRACT, AND TIE NORTH LINE
OF SAID LONG TRACT, A DISTANCE OF 2481 56 FEET TO A SET 1/2 INCH
IRON ROD AT A FENCE CORNER POST, ON FHE EAST RIGHT—OF—WAY OF F M
ROAD 2181,
WEST. WITH
RIGHTEOF THENC—WAY OF F MGRROADEES 32181, AEDIS ANCE OF58 D772 45 FEET TOHETHE ST
POINT OF BEGINNING AND CONTAINING IN ALL 65 1741 ACRES OF LAND
(EXHIBIT B)
ANNEXATION SERVICE PLAN
CASE NUMBER A-83 (Top of the Hill Subdivision)
AREA 65 174 acres
LOCATIQN South of Nowlin Road east of FM 2181 (Teasley Ln ) generally opposite
Hickory Creek Road in the extraterritorial jurisdiction (ETJ) of the City of
Denton, Texas
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule
A. Police Protection
1 Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment
C. Solid Waste Collection
Solid waste collection service will be provided to the property within sixty (60) days
after the effective date of the annexation using existing personnel and equipment
D. Water/Wastewater Facilities
Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or wastewater utility will be begin within sixty
(60) days after the effective date of the annexation using existing personnel and
equipment
E. Roads and Streets
Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin within sixty (60) days after the effective date of the annexation using
existing personnel and equipment
F. Parks and Recreation Facilities
Maintenance of parks, playgrounds, swimming pools and other recreational facilities in
the area to be annexed will begin within sixty (60) days after the effective date of the
annexation using existing personnel and equipment However, there are no existing
parks, playgrounds, swimming pools, and other recreational facilities in the area
f N 1, ,,'anon %.n"u Plmdo(
ANNEXATION SERVICE PLAN
(A-83)
Top of the Hill Subdivision
G Electric Facilities
1 Electric utility service will be provided within sixty (60) days after the effective date of
the annexation using existing personnel and equipment
H. Library Services
Library services will be provided within sixty (60) days after the effective date of the
annexation using existing personnel and equipment
I. Code Enforcement, Building Inspections and Consumer Health Services
Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days after the effective date of the annexation using existing personnel
and equipment
J. Planning and Development Services
Planning and development services will be provided within sixty (60) days after the
effective date of the annexation using existing personnel and equipment The Planning
and Development Department currently provides services this property by way of
admimstration of Chapter 34 of the Code of Ordinances, concerning subdivision and
land development regulations
K. Capital Improvements Program (CIP)
The CIP of the city is prioritized according to the following guidelines
(1) Provision of Capital Improvements as compared to other areas will be based on
characteristics of topography, land utilization, population density, magnitude of
problems as related to comparable areas, established technical standards and
professional studies
(2) The overall cost effectiveness of providing a specific facility or improvement
The annexed area will be considered for CIP improvements in the upcoming CIP plan This
property will be considered according to the established guidelines
i +! 11 n. vRnn ��n ,, Phu, do,
A-83 (Top of the Hill Subdivisi
VICINITY MAP
NORTH
Scale: None