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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 \\CH LGL\VOLIV4HAE8D\DEp LWurOttumm��SWM 830MMMU NOR tlm 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