HomeMy WebLinkAbout1998-256rem
ORDINANCE NO 10 r A �16
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 15 088 ACRES, LOCATED EAST OF SWISHER ROAD NEAR ITS
INTESECTION WITH EDWARDS ROAD IN DENTON'S EXTRATERRITOTIAL
JURISDICTION NORTHEAST OF I-35E, ESTABLISHING TEMPORARY
AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City of Denton wishes to extend its City limits line to include the 15 088
acre tract as described in Exhibit A, and
WHEREAS, public hearings were held in the Council Chambers on June 2, 1998, and
June 16, 1998, 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 July 21, 1998, and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton after annexation proceedings were instituted and 30 days prior to City
Council taking final action, as required by City Charter, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the tract of land described in Exhibit A, attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas
SECTION II 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
SECTION III That the annexed property is temporarily classified as Agricultural (A)
zoning district classification and use designation
SECTION IV That the City's official zoning map is amended to show the Agricultural
(A) zoning district classification and use designation of the property annexed
SECTION V 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 Hof Denton's jurisdiction to annex, the same is hereby excluded from the territory
annexed as fully as if the excluded area were expressly described in this ordinance
SECTION VI That any person violating any provision of this ordinance relating to the
Agricultural (A) zoning district classification and use designation shall, upon conviction, be
fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
SECTION VII That this ordinance shall become effective thirty (30) days from
the date of its final passage and publication, and the City Secretary is hereby directed to cause
the entire ordinance to be published once and the descriptive caption to be published twice in the
Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10)
days of the date of its passage
5
PASSED AND APPROVED this the / — day of 1998
Jack M ayor
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
F \sh=d\depALGL\our Doo ents\Ordtnanoes\98\Annenbon Ord 77 dw
Exhibit A
FIELD NOTES
15 088 Acres
All that certain lot, tract, or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330,
Denton County, Texas and being part of First Tract shown by deed to L F Powell, recorded in Volume
395, page 236, Deed Records of Denton County, Texas and being more particularly described as
follows
Commencing at the southwest corner of said Powell tract,
Thence North 04 degrees 22 minutes 10 seconds East a distance of 438 15 feet,
Thence South 85 degrees 37 minutes 08 seconds East a distance of 208 71 feet,
Thence North 04 degrees 27 minutes 14 seconds East a distance of 104 14 feet,
Thence North 85 degrees 37 minutes 08 seconds West a distance of 193 34 feet,
Thence North 04 degrees 26 minutes 28 seconds East a distance of 138 26 feet,
Thence North 04 degrees 44 minutes 26 seconds East a distance of 346 16 feet to the Point of
Beginning, an iron pin found at the northwest corner of Tract One to Jerry Kuhnke, recorded in Volume
1134, page 647, Deed Records, Denton County, Texas,
Thence North 04 degrees 44 minutes 29 seconds East a distance of 283 1 feet to an iron pin found,
Thence North 72 degrees 08 minutes 23 seconds East a distance of 27189 feet to an iron pin found,
Thence North 88 degrees 59 minutes 12 seconds East a distance of 526 69 feet to an iron pin found,
Thence South 86 degrees 21 minutes 22 seconds East a distance of 150 03 feet to an iron pin found at a
fence corner,
Thence South 86 degrees 20 minutes 48 seconds East with a fence a distance of 704 84 feet to a fence
corner post,
Thence South 03 degrees 44 minutes 34 seconds West with a fence 423 79 feet to an iron pin found at
the northeasticomer of said Kuhnke Tract,
Thence North 86 degrees 23 minutes 49 seconds West with Kuhnke's north line 1632 5 feet to the Point
of Beginning and containing 15 088 acres of land
- Exhibit B
ANNEXATION SERVICE PLAN
CASE NUMBER: A-77
AREA' 15.088 Acres
LOCATION- East of Swisher Road, near its intersection with Edwards
Road
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.
Access is available currently via 1-35E, Swisher Road and Edwards Road
Future development will result In the construction of Lakeview Road, a
north -south arterial road ultimately connecting Highway 380 and 1-35E
along the eastern edge of Denton
Water is currently available at Pockrus Page Road and 1-35E,
approximately 5,000 feet west of the property. Wastewater service is
currently available at Edwards Road, approximately 4,000 feet west of the
property
C Electric Distribution _
Electric service is currently available in the area.
The City can serve this property. Service may require additional
equipment, personnel and operating resources. One solid waste truck
and three -person crew is needed to serve each additional 1,300
households in the city.
E. Police Services.
The department estimates that service can be provided within average
response times for the city as a whole. The City's priority response time is
8 06 minutes, while its average response time is 12A5 minutes.
The City currently serves adjacent property. Station #61s approximately 3
miles from the subject property.
The City currently serves adjacent property. South Lakes Park is more
than 3 miles from the subject property. Additional neighborhood parks
would be required as a result of development.
The Library anticipates that increased demand resulting from development
in the City can not be met using existing materials, facilities and
personnel The City currently has less than half the standard number of
items per capita (4.45 items) and below the standard facility area per
capita (0 75 sq ft )
The City currently serves adjacent property.
J planning and Develgpment Services
The City currently serves this property.
i,.. -71111111121M. .
The CIP of the City Is prioritized according to the following guidelines
1. Provision of Capital Improvements as compared to others 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
T The annexed area will be considered for public improvements in the
upcoming CIP. This tract will be considered according to the established
guidelines