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Home My WebLink About1999-426\WH LGLWOLIVSHAR9pOgPNALV OxmnmWAltl4urcu\9TA W OlJimo ft ORDINANCE NO `9 q- `49 6" AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 34 40 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EL PASEO STREET AND APPROXIMATELY FIVE HUNDRED (500) FEET NORTH OF RYAN 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-90) WHEREAS, Beverly Stephens has petitioned for annexation of 34 40 acres of land to the City of Denton, Texas, and WHEREAS, the City of Denton on July 27, 1999, heard the petition and agreed to grant the petition for annexation of 34 40 acres of land described herein, and WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation, and WHEREAS, public hearings were held in the Council Chambers on August 3, 1999, and August 17, 1999, (both days being on or after the 4& day but before the 20`h 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 introduction of this ordinance at a meeting of the City Council on September 7, 1999, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on September 12, 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 SECTION 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 N" WLNVOL IZHARlOeyRP LW W OeE .tl SECTION 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 immediately upon its passage and approval PASSED AND APPROVED this the day of 1999 JAC LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY ".. d, - /" ), &, APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ®lG.ld44'- dZ �J— Page 2 EXHIBIT A A-90 (SHADOW BROOK PLACE) 34 40 acres All that Certain lot, tract or parcel of land lying and being situated in the A Gibson Survey, Abstract No 498, Denton County, Texas, being the same tract of land described in a deed to Elmer Wayne Stephens et ux, dated 4-16-74, as recorded in Volume 706, Page 79 of the Deed Records of Denton County, Texas, being the same tract of land described in a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No 98-0041963 of the Real Property Records of Denton County, Texas, being the same (called) 10 433 acre tract of land described in a deed to Custom Designs, Inc, dated 4-12-99, as recorded under County Clerks File No 99- 0037344 of the Real Property Records of Denton County, Texas, being the same (called) 8 240 acre tract of land described in a deed to Brain Stephens Trust, dated 4-1- 98, as recorded under County Clerk's File No 98-0041954 of the Real Property Records of Denton County, Texas, being the same (called) 4 291 acre tract of land described in a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No 98-0041955 of the Real Property Records of Denton County, Texas, and to Brain Stephens Trust, dated 4-1-98, as recorded under County Clerk's File No 98-0041956 of the Real Property Records of Denton County, Texas, being more particularly described as follows BEGINNING at the northwest corner of said Elmer Wayne Stephens tract, same being on the south right-of-way of El Paseo and the east line of Forrestridge Addition, Section ll, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet C, Page 12, of the Plat Records of Denton County, Texas, said point lying on the current city limits line as established by Ordinance No 65-35, THENCE North 880 24' 40" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city limits line as established by said Ordinance No 65-35, a distance of 363 44 feet to a point for corner, THENCE North 740 22' 04" East with the north line of said Elmer Wayne Stephens tract and the south right-of-way of El Paseo, same being the existing city limits line as established by said Ordinance No 65-35, a distance of 12 48 feet to a point for corner at the northeast corner of said Elmer Wayne Stephens tract, THENCE South 14° 58' 40" East with an east line of said Elmer Wayne Stephens tract, a distance of 6 30 feet to a point for corner at the beginning of a curve to the right, THENCE with said curve to the right, having a central angle of 90 14' 08", a radius of 1534 02 feet, an arc length of 247 27 feet, a chord which bears South 10* 27' 05" East a distance of 247 00 feet to a point for corner on the East line of said Elmer Wayne Stephens tract, A 90 LEGAL DESCRIPTION PAGE 1 OF 2 EXHIBIT A A-90 (SHADOW BROOK PLACE) 34 40 acres THENCE North 880 45' 10" East, a distance of 591 10 feet to a point for corner on the east line of said Custom Designs, Inc, tract, THENCE South 090 35' 00" West with an east line of said Custom Designs, Inc, tract, a distance of 135 47 feet to a point for corner, THENCE South 390 07' 10" West with an east line of said Custom Designs, Inc , tract, a distance of 290 26 feet to a point for corner, THENCE South 260 36' 00" East with an east line of said Custom Designs, Inc , tract, a distance of 268 00 feet to a point for corner, THENCE South with an east line of said Custom Designs, Inc , tract, a distance of 246 00 feet to a point for corner, THENCE South 090 17' 00" West with an east line of said Custom Designs, Inc , tract, a distance of 104 93 feet to a point for corner at the southeast corner of said Custom Designs, Inc , tract, same being the northeast corner of said 8 240 acre tract, THENCE South 090 19' 00" West with an east line of said 8 240 acre tract, passing the southeast corner of said 8 240 acre tract and the northeast corner of said 4 291 acre tract, continuing a total distance of 436 80 feet to a point for corner at the northernmost southeast corner of said 4 291 acre tract, THENCE South 880 49' 00" West with a south line of said 4 291-acre tract, a distance of 726 00 feet to a point for corner, THENCE South 000 37' 00" West with an east line of said 4 291-acre tract, a distance of 62 60 feet to a point for corner at the southeast corner of said 4 291-acre tract, THENCE South 880 48' 29" West with the south line of said 4 291 acre tract, a distance of 251 63 feet to a point for corner at the southwest corner of said 4 291 acre tract, same being on the east line of the Estates of Forrestridge, Section III, an addition to the City and County of Denton, Texas, according to the plat thereof recorded in Cabinet K, Page 295 of the Plat Records of Denton County, Texas, said point also being on the existing city limits line as established by Ordinance No 93-188, THENCE North 00' 36' 55" West with the existing city limits line as established by said Ordinance No 93-188, and as established by Ordinance No 92-060 and Ordinance No 88-001, a distance of 1828 60 feet to THE POINT OF BEGINNING and containing in all 34 40 acres of land A-90 LEGAL DESCRIPTION PAGE 2 OF 2 EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER A-90 (Shadow Brook Place) AREA 34 40 acres LOCATION On the south side of El Paseo Road and approximately five hundred (500) feet north of Ryan Road in Denton's extraterritorial jurisdiction (ETJ) It is adjacent to the Estates of Forrestndge subdivision to the west, the Montecrto subdivision to the north, and the Montecrto Del Sur subdivision to the east 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 on the effective date of the annexation using existing personnel and equipment B Fire Protection 1 Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property on the effective date of the annexation using existing personnel and equipment C Solid Waste Collection 1 Solid waste collection service will be provided to the property on the effective date of the annexation using existing personnel and equipment D. Water/Wastewater Facilities 1 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 on the effective date of the annexation using existing personnel and equipment E Roads and Streets 1 Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment F Parks and Recreation Facilities 1 Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin on 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 i W(Sim.0 S41wC Planaot ANNEXATION SERVICE PLAN (A-90) Shadow Brook Place G Electric Facilities 1 Electric utility service will be provided on the effective date of the annexation using existing personnel and equipment H. Library Services 1 Library services will be provided on the effective date of the annexation using existing personnel and equipment I. Code Enforcement, Building Inspections and Consumer Health Services 1 Code enforcement, building inspections and consumer health services will be provided on the effective date of the annexation using existing personnel and equipment J Planning and Development Services 1 Planning and development services will be provided on the effective date of the annexation using existing personnel and equipment The Planning and Development Department currently provides services this property by way of administration 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 1 )0 � vio,o Se, w, i Mon aoe