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HomeMy WebLinkAbout1987-1631847L NO % & AN ORDINANCE ANNEXING A TRACP OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 73 334 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE M FORREST SURVEY, ABSTRACT NO 417, DENTON COUNTY, TEXAS, CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY, AND DECLARING AN EFFECTIVE DATE WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and incorpo- rated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton, and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the day of , 1987 in the Council Chambers for al1 interested pe ons o state their views and present evidence bearing upon the annex ion provided by this ordinance, and WHEREAS, an opportunity as afforded at a lic hearing held for that purpose on the day of pu 1987 in the Council Chambers for all interested person& to state their views and present evidence bearing upon the annexation provided by this ordinance, and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS SECTION I That the tract of land described in said Exhibit "A" be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall A-43/PAGE ONE be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City SECTION II The property described in Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zon- ing map of the City of Denton, Texas, which map is hereby amended accordingly SECTION III Should any section or part of this ordinance be held unconsti- tut.ional, illegal or invalid, or the application thereof ineffec- tive or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect, and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effec- tively annexed to the City Provided, further, that if there is included within the general description of territory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein SECTION IV This ordinance shall be effective immediately upon its passage 1987 Introduced before the City Council on theQJ!E4—day of_Z), A-43/PAGE TWO �� PASSED AND APPROVED by the City Council on the 6-T�day of 1987 EWA- MMCI K1, am.MAYOR ATTEST q Jh F LfEIR. ,aC TY SE RETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY A-43/PAGE THREE A-43 ALL that certain lot, tract or parcel of land lying and being situated in the M Forrest Survey, Abst No 417, Denton County, Texas, and more particularly described as follows BEGINNING at a point in the present city limits, said point being the southeast corner of the tract described in Ordinance 85-210, Tract 4-B said point also lying in the east boundary line of Lot 6, Block B of the subdivision of said survey, same being the west boundary line of Lot 1, Block E of said subdivision, said point also lying in the north right-of-way line of an east -west public road known as Blagg Rd THENCE south 30 10' 11" east along the east boundary line of Lot 6, Block B, crossing said Blagg Rd a distance of 47 63 feet to a point lying in the south right of way line of said Blagg Rd , same being the northeast corner of a 71 782 acre tract described in a deed to Murray W McNett and wife, Irene McNett recorded in Vol 436, Pg 221 of the D R D C T , THENCE south 20 56' 35" west along the east boundary line of said McNett tract same being the east boundary line of Lot 6, Block B, passing at 223616 feet, more or less, the southeast corner of said McNett tract, same being the southeast corner of said Lot 6, Block B same being the northeast corner of a tract described in a deed to Gary Miller, Trustee, recorded in Vol 1677, Pg 562 of the D R D C T , and continuing for a total distance of 2266 16 feet to a point for corner lying in the existing city limits as established by the tract described in Ordinance No 84-98, THENCE north 850 09' 17" west along said present city limits, same being the south boundary line of said Lot 6, crossing an east -west public road known as Trinity road, and continuing for a total distance of 1384 74 feet to the southwest corner of the McNett tract, same being the southwest corner of said Lot 6, said point also being an inner ell corner of said Martin tract THENCE north 020 49' 29" east along the present city limits, same being the west boundary line of said McNett tract and Lot 6, same being the east boundary line of said Miller tract passing at 2247 94 feet more or less the north boundary line of said McNett tract same being the south right of way line of said Blagg Rd , and continuing for a total distance of 2295 27 feet to a point for corner lying in the north right of way line of Blagg Rd , same being the present city limits as established by Ordinance No 85-210, Tract 4-B THENCE south 850 64' 35" east along the north right of way line of said Blagg Rd and said present city limits a distance of 1383 92 feet to the Place of Beginning and containing 73 334 acres of land PLAN OF SERVICE NOR ANNEXED AREA, CITY OF DENTON TEXAS I Basic Service Plan A Police Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation B Fire Fire protection by the present personnel and equipment of the fire fighting force, will be provided on the effective date of annexation C Water/Wastewater Maintenance of public water and wastewater facilities will begin within sixty (60) days after the effective date of the annexation for all facilities required to be maintained by the City of Denton D Refuse Collection The same regular refuse collection service now provided within the City will be extended to the annexed area within sixty (6U) days after the effective date of annexation E Streets 1 Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc ), will begin on the effective date of annexation 2 Routine maintenance on the same basis as in the present City, will begin in the annexed area on the effective date of annexation 3 Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the City 4 Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards F Inspection Services Any inspection services now provided by the City (building, electrical, plumbing, gas, housing, sanitation, etc ) will begin in the annexation area on the effective date of annexation Service Plan Annexed Area Page 2 G Planning and Zoning The planning and zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation City planning will thereafter encompass the annexed area and a zoning designation for the property will be established H Street Lighting Street lighting will be installed in the substantially developed areas in accordance with the established Policies of the City I Recreation Residents of the annexed area may use all existing recreational facilities, parks, etc , on the effective date of annexation the same standards and policies now used in the present City will be followed in expanding the recreational program and facilities in the enlarged City J. Electric Distribution The City recommends the use of City of Denton for new electric power h Miscellaneous Street name signs where needed will be installed within approximately six (6) months after the effective date of annexation II Capital Improvements Program ((,IP) The CIP of the City is prioritized by such policy guidelines as A Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical re- straints or opportunities B Impact on the balanced growth policy of the City C Impact on overall City economics The annexed area will be considered for CIP in the upcoming CIP plan The annexation area will be judged according to the same established criteria as all other areas of the City a THE STAT& OF TEXAS COUNTY OF DENTON CITY OF DENTON "263MGE575' 32349 CERTIFICATE OF CITY SECRETARY OR MOPUTY RECOM I, the undersigned, City Secretary of the City of Denton, Texa: (the "City"). DO HEREBY CERTIFY that according to the records of thi City of.which I am custodian, that: The attached is a.t�rue and accurate copy of Ordinance No. 87-162 as approved by the.City of Denton City Council on the 6th of October, 1987. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 23rd day of October 1987 " C oSecretary y City of Denton, Texas (City Seal) 0469( 1837L 2263MGE576 NO.f2 —/& AN ORDINANCE ABANDONING AND VACATING CERTAIN UTILITY EASEMENTS AS DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas has determined that the hereinafter described utility easement, whether one or more, is no longer needed for public use; and WHEREAS, in accordance with the provisions of Texas Revised Civil Statutes, Article 5421c-12, an appraisal of the fair market value of said easement has been obtained; and WHEREAS, in accordance with State law, said easement is being abandoned and vacated in consideration of the receipt of the fair market value thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the hereinafter described easement is abandoned — vacated as an easement for public utilities; the easement being more particularly described as follows: Tract I. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. Collard Survey, Abstract No. 297, and also being part of a tract of land as conveyed from Southwest Cinema to J. C. Mitchell and Lee Roy Mitchell by deed dated July 1, 1982 and recorded in Volume 1155, Page 88S of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of said tract, said point lying in the south right-of-way line of U. S. Highway 77; THENCE south 58045' east, along the north boundary line of said tract and the south right-of-way line of U. S. Highway 77, a distance of 705.5 feet to the northeast corner of said tract; THENCE south 0°07' west, along the east boundary line of said tract a distance of 35.05 feet to a point for a corner; THENCE north 58°4S' west, 30 feet south of and parallel to the north boundary of said tract a distance of 710.31 feet to a point for a corner in the west boundary line of said tract; THENCE north 7019' east, along the west boundary line of said tract a distance of 32.82 feet to the place of beginning. SECTION I. That the hereinafter described easement is abandone an vacated as an easement for public utilities; the easement being more particularly described as follows: 2 63PcE577 Tract II. All that certain lot, tract or parcel of land lying and Being situated in the City and County of Denton, State of Texas, and being part of the J. Collard Survey, Abstract No. 297, and also being part of a tract of land as conveyed from J. F. York to J. C. Mitchell and Texas Cinema Corporation by deed recorded in Volume 1506, Page 663 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of said tract, said point lying in the south right-of-way line of U. S. Highway 77; THENCE south 58045' east, along the north boundary line of said tract and the south right-of-way line of U. S. Highway 77, a distance of 193.21 feet to the northeast corner of said tract; THENCE south 7017'21" west along the east boundary line of said tract, a distance of 32.8 feet to a point for a corner; THENCE north 58145' west, 30 feet south of and parallel to the north boundary of said tract, a distance of 196.82 feet to a point for a corner in the west boundary line of said tract; THENCE north 13017137" east, along the west boundary line of said tract a distance of 31.54 feet to the place of beginning. SECTION III. That said easement, whether one or more, is herein a'Fandoned and vacated, and by operation of law, the City of Denton's property interest in said easement shall revert to the abutting property owner, whether one or more, and the City of Denton hereby releases any and all claims to the use of the property described in said easement referenced herein for the purposes therein described. SECTION IV. That this ordinance shall become effective imme iatea ly upon its passage and approval. PASSED AND APPROVED this the �p day of 1987. RA ST , ATTEST: JE ALTERS, SECRETARY AP ROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: