HomeMy WebLinkAboutA26-0007aORDINANCE NO. A26-0007
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A MUNICIPAL
SERVICES AGREEMENT, PURSUANT TO TEX. LOC. GOV. CODE SEC. 43.0672,
BETWEEN THE CITY OF DENTON AND THE RESIDENCES OF LAKE DISTRICT NO. 1,
LTD., FOR THE PROVISION OF CITY SERVICES TO APPROXIMATELY 28.212 ACRES
OF LAND, GENERALLY LOCATED ON THE NORTH SIDE OF JIM CHRISTAL ROAD,
APPROXIMATELY 1,284 FEET WEST OF THE INTERSECTION OF NORTH MASCH
BRANCH ROAD AND JIM CHRISTAL ROAD; APPROVING A SCHEDULE OF
ANNEXATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE. (A26-0007)
WHEREAS, the property owner, The Residences of Lake District No. 1, Ltd. (hereafter
referred to as "Owner"), has submitted a petition for voluntary annexation of approximately 28.212
acres of land in Denton County, Texas as described in Exhibit A attached hereto and incorporated
herein ("Property"); and
WHEREAS, the City of Denton must first negotiate a written Municipal Services
Agreement with the Owner of the real property subject to. a petition for voluntary annexation,
pursuant to Tex. Loc. Gov. Code Sec. 43.0672, that contains (1) the services that the City of Denton
will provide on the effective date of the annexation and (2) a schedule that includes the period
within which the City of Denton will provide each service that is not provided on the effective date
of the annexation; and
WHEREAS, the City of Denton and the Owner have come to an agreement about the
provision of full services to the Property following the annexation of the Property; and
WHEREAS, the City Council of the City of Denton finds it to be in the best interest of the
citizens of Denton to enter into a Municipal Services Agreement with the Owner; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Municipal Services Agreement ("Agreement"), made in accordance with
applicable provisions of state law pertaining to annexation, is approved and attached hereto as
Exhibit B and is made a part hereof for all intents and purposes.
SECTION 3. The City Manager, or designee, is hereby authorized to execute the Agreement
and to carry out the duties and responsibilities of the City of Denton under the Agreement.
SECTION 4. The schedule of annexation attached hereto as Exhibit C is approved and
adopted for this annexation.
SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 6. This Ordinance shall be effective immediately upon its passage and approval.
The motion to approve this ordinance was made by Suzi Rumohr and
seconded by Joe Holland , the ordinance was passed and approved by
the following vote [ - _2_j:
Aye Nay Abstain Absent
Chris Watts, Mayor:
Jordan Villarreal, District 1:
Nick Stevens, District 2:
Suzi Rumohr, District 3:
Joe Holland, District 4:
George Ferrie, At Large Place 5:
Jill Jester, At Large Place 6:
PASSED AND APPROVED this, the 22nd day of September , 2026.
CHRIS W TTS, MAYOR
ATTEST:
KRISTI GILBERT, CITY SECRETARY
BYf
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APPROVED AS TO LEGAL FORM:
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MACK REINWAND, CITY ATTORNEY
BY:
Page 2
EXHIBIT A
LEGAL DESCRIPTION
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE G. BARB SURVEY, ABSTRACT NUMBER 208, AND THE JF MEYERS
SURVEY, ABSTRACT 1699, DENTON COUNTY, TEXAS AND ALL OF A CALLED 19.109
ACRE TRACT AS DESCRIBED IN A DEED TO MARK E. COLE AND LINDA COLE
RECORDED IN VOLUME 4750, PAGE 737, REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS AND BEING ALL OF A 8.00 ACRE TRACT DESCRIBED IN A DEED TO
MARK E. COLE AND LINDA COLE, RECORDED IN VOLUME 4571, PAGE 1057, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, ALSO BEING ALL OF A CALLED
1.1056 ACRE TRACT DESCRIBED IN A DEED TO MARK E. COLE AND LINDA COLE,
RECORDED IN VOLUME 2394, PAGE 283, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A FOUND 3/8 INCH IRON PIN AT THE NORTHEAST CORNER OF SAID
19.109 ACRE TRACT, AND BEING AT THE NORTHWEST CORNER OF A CALLED 28.756
ACRE TRACT, DESCRIBED IN A DEED TO JACK VANDERHOFF AND LOUISE
VANDERHOFF, RECORDED IN VOLUME 551, PAGE 4, DEED RECORDS, DENTON
COUNTY TEXAS, SAID PIN ALSO BEING ON A SOUTH LINE OF A CALLED 30.382 ACRE
TRACT, DESCRIBED IN A DEED TO JAY D. RODGERS, RECORDED IN VOLUME 5326,
PAGE 5728, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 08 MINUTES 51 SECONDS WEST, WITH THE EAST LINE
OF SAID 19.109 ACRE TRACT AND THE WEST LINE OF SAID 28.756 ACRE TRACT, A
DISTANCE OF 985.87 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC
CAP STAMPED "METROPLEX 10023300", FOR CORNER;
THENCE SOUTH 00 DEGREES 06 MINUTES 14 SECONDS WEST, CONTINUING WITH
AN EAST LINE OF SAID 19.109 ACRE TRACT AND THE WEST LINE OF SAID 28.756
ACRE TRACT, PASSING AT A DISTANCE OF 139.70 FEET A FOUND 1/2 INCH IRON PIN
AT A SOUTHWEST CORNER OF SAID 28.756 ACRE TRACT AND A NORTHWEST
CORNER OF A CALLED 11.3136 ACRE TRACT DESCRIBED IN A DEED TO LESLIE A.
PORTER AND BRENDA J. PORTER, RECORDED UNDER COUNTY CLERK DOCUMENT
NUMBER 1995-54830, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND
CONTINUING WITH SAID LINE AND PASSING AT A DISTANCE OF 2224.21 FEET A
FENCE CORNER POST AND CONTINUING FOR A TOTAL DISTANCE OF 2248.01 FEET
TO A SET PK NAIL AT THE SOUTHEAST CORNER OF SAID 19.109 ACRE TRACT AND
BEING AT THE SOUTHWEST CORNER OF A CALLED 16.19 ACRE, TRACT 2,
DESCRIBED IN A DEED TO KENNETH AND GWYNDA BAHNSEN LIVING TRUST
DATED NOVEMBER 4, 2019, KENNETH ANTONE BAHNSEN, SR. AND GWYNDA
GOSSETT BAHNSEN, TRUSTEES, RECORDED UNDER COUNTY CLERK DOCUMENT
NUMBER 2019-141473, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND
ALSO BEING ON THE NORTH LINE OF A CALLED 340.469 ACRE TRACT, DESCRIBED
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IN A DEED TO THE CITY OF DENTON, RECORDED UNDER COUNTY CLERK
DOCUMENT NUMBER 2016-143882, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, SAID PK NAIL ALSO BEING IN JIM CHRISTAL ROAD;
THENCE NORTH 86 DEGREES 40 MINUTES 58 SECONDS WEST, WITH THE SOUTH
LINE OF SAID 19.109 ACRE TRACT AND THE NORTH LINE OF SAID 340.469 ACRE
TRACT, WITH JIM CHRISTAL ROAD A DISTANCE OF 445.70 FEET TO A SET PK NAIL,
AT THE SOUTHWEST CORNER OF SAID 1.1056 ACRE TRACT, AND BEING AT THE
SOUTHEAST CORNER OF A CALLED 3.014 ACRE TRACT DESCRIBED IN A DEED TO
LARRY MANNING AND BETH MARIE MANNING TRUSTEES OF THE MANNING
LIVING TRUST, RECORDED UNDER COUNTY CLERK DOCUMENT NUMBER 2022-
30355, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 26 MINUTES 15 SECONDS WEST, WITH A WEST LINE
OF SAID 1.1056 ACRE TRACT AND THE WEST LINE OF SAID 3.014 ACRE TRACT
PASSING AT A DISTANCE OF 30.00 FEET, A SET1/2 INCH IRON PIN WITH A YELLOW
PLASTIC CAP STAMPED "METROPLEX 10023300", AND CONTINUING FOR A TOTAL
DISTANCE 1515.02 FEET TO A 1/2 INCH IRON PIN FOUND AT THE WESTERN MOST
NORTHWEST CORNER OF SAID 19.109 ACRE TRACT AND BEING AT AN INNER ELL
CORNER OF A CALLED 45.00 ACRE, TRACT 1, DESCRIBED IN A DEED TO ROBERT
MARLIN TRUSTEE OF THE LYBBERT FAMILY TRUST, RECORDED UNDER COUNTY
CLERK DOCUMENT NUMBER 2022-30102, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 52 MINUTES 40 SECONDS EAST, WITH A NORTH LINE
OF SAID 19.109 ACRE TRACT AND A SOUTH LINE OF SAID 45.00 ACRE, TRACT 1, A
DISTANCE OF 143.45 FEET, TO A FOUND 1 /2 INCH IRON PIN AT AN INNER ELL CORNER
OF SAID 19.109 ACRE TRACT AND THE EASTERN MOST SOUTHEAST CORNER OF
SAID 45.00 ACRE, TRACT 1;
THENCE NORTH 00 DEGREES 00 MINUTES 46 SECONDS EAST, WITH A WEST LINE OF
SAID 19.109 ACRE TRACT AND THE EAST LINE OF SAID 45.00 ACRE, TRACT 1, A
DISTANCE OF 1698.14 FEET, TO A FOUND 5/8 INCH IRON PIN AT THE NORTHWEST
CORNER OF SAID 19.109 ACRE TRACT, BEING THE NORTHEAST CORNER OF SAID
45.00 ACRE, TRACTI, AND SAID PINALSO BEING ON THE SOUTH LINE OF SAID 30.382
ACRE TRACT;
THENCE SOUTH 89 DEGREES 09 MINUTES 04 SECONDS EAST, WITH A NORTH LINE
OF SAID 19.109 ACRE TRACT AND THE SOUTH LINE OF SAID 3 0.3 82 ACRE TRACT A
DISTANCE OF 319.34 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL
28.212 ACRES OF LAND.
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EXHIBIT B
MUNICIPAL SERVICES AGREEMENT
This Municipal Service Agreement ("Agreement") is entered into this _ day of _ 2026, by and
between the City of Denton, a Texas home -rule municipality ("City"), and the property owner, The
Residences of Lake District of Austin Ranch No. 1, Ltd., (hereafter referred to as "Owner").
RECITALS:
WHEREAS, Section 43.0671 of the TLGC permits the City to annex an area if each owner of
land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter into a
written agreement with the property owner(s) that sets forth the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS, the Owner owns the tracts of land, totaling approximately 28.212 acres of land
located in the City's extraterritorial jurisdiction, as described in Exhibit A and depicted in Exhibit B,
incorporated herein by reference ("the Property"); and
WHEREAS, the Owner has filed a written petition with the City for voluntary annexation of the
Property, identified as Annexation Case No. A26-0007 ("Annexation Case"); and
WHEREAS, the City and Owner desire to set out the City services to be provided for the Property
on or after the effective date of annexation; and
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the
Denton City Council.
NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises contained
herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of
full, available municipal services to the Property in accordance with state law, which
may be accomplished through any means permitted by law.
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3. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will
provide the municipal services set forth below. As used in this Agreement, "providing
services" includes having services available by any method or means by which the
City makes such municipal services available to any other area of the City, including per
the City's infrastructure extension policies, ordinances, and developer or property owner
participation in accordance with applicable city ordinances, rules, regulations, and
policies.
A. Police
Police protection from City's Police Department shall be provided to the Property at a level
consistent with current methods and procedures presently provided to areas with similar
topography, land use, and population density, on the effective date of the ordinance. Some
of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences on the Property, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
population density.
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services
to the Property. These services include:
1. Fire suppression and rescue;
2. Pre -hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Page 6
Fire protection from the City of Denton shall be provided to the Property at a level
consistent with current methods and procedures presently provided to areas of the City of
Denton having similar characteristics of topography, land use, and population density, on
the effective date of the ordinance.
As development commences in the Property, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with other areas having similar characteristics of topography, land use, and population
density. It is anticipated that fire stations planned to serve areas currently within the City
of Denton will be sufficient to serve the Property.
Upon ultimate development, fire protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and
population density.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety
services to the Property. These services include:
1. Emergency medical dispatch and pre -arrival First Aid instructions;
2. Pre -hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the
Property at a level consistent with current methods and procedures presently provided to
areas of the City of Denton having similar characteristics of topography, land use, and
population density, on the effective date of the ordinance.
As development commences on the Property, sufficient EMS, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with
other areas of the City having similar characteristics of topography, land use, and
population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D. Solid Waste
The City of Denton is the sole provider and hauler for solid waste collection and disposal
services within the city limits, including but not limited to, preconstruction activities,
construction activities, and ultimately residential, multi -family, or commercial activities,
and recycling services. Solid waste and recycling collection services will be provided to
the Property immediately upon the effective date of the annexation at a level consistent
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with current methods and procedures presently provided to areas within the city having
similar characteristics of topography, land use, and population density. Customers
receiving their existing services from private solid waste collection service providers
operating on the Property immediately prior to annexation may continue to utilize their
existing service for up to 2 years in accordance with Texas Local Government
Code. Should that private service end prior to the expiration of the two (2) year term, the
customer must initiate solid waste and recycling services with the City of Denton, pursuant
to Chapter 24 of the Code of Ordinances.
E. Wastewater Facilities
The Property is located within the City of Denton Sewer Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 20072, as issued by the Public
Utility Commission (PUC).
Connections to existing City of Denton wastewater distribution mains for wastewater
service will be provided in accordance with the Denton Development Code, associated
Water/Wastewater Criteria Manual, and existing City ordinances and policies. Upon
connection to existing distribution mains, wastewater service will be provided at rates
established by city ordinance. Owner will provide all on -site public utility easements that
are necessary to protect, install, safely operate and maintain the wastewater infrastructure,
on a form acceptable to the City, and at no cost to the City.
As development commences on the Property, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Design Criteria
Manual, ordinances and regulations. If required, City participation in the costs of these
extensions shall be in accordance with applicable City ordinances and regulations.
Capacity shall be provided consistent with other areas having similar characteristics of
topography, land use, and population density. The sanitary sewer infrastructure shall be
compatible and consistent with the City's wastewater master plan.
Upon annexation, sanitary sewer mains and lift stations which are located within
dedicated utility easements, public rights -of -way, or any other acceptable locations
approved by the Director of Water Utilities, shall be maintained by the City on the
effective date of this ordinance, if installed or improved to City standards within the
annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be maintained to City
standards at the expense of the private property owner.
F. Water Facilities
The Property is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Public
Utility Commission (PUC).
Page 8
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Design Criteria
Manual, and existing City ordinances and policies. Upon connection to existing
distribution mains, water service will be provided at rates established by city ordinance.
As new development occurs within the Property, cost participation for extensions of water
distribution mains - if required - shall be in accordance with the Denton Development
Code, Design Criteria Manual, and with existing City ordinances and policies. Water
service capacity shall be provided consistent with service to areas of the City having similar
characteristics of topography, land use and population density. The water infrastructure
shall be compatible and consistent with the City's water master plan.
Operation and maintenance of water facilities and infrastructure that lie within the service
area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private
water systems will be allowed to remain on those systems until a request for water service
is made to the City. These requests for service will be handled in accordance with the
applicable utility service line extension and connection policies currently in place at the
time the request for service is received. Owner will provide all on -site public utility
easements that are necessary to protect, install, safely operate and maintain the water
infrastructure, on a form acceptable to the City, and at no cost to the City.
G. Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage
or injury to the health or safety of the public or any person, as determined by the Director
of Public Works, shall be provided within the Property upon the effective date of the
annexation ordinance. Routine maintenance will be provided within the Property and will
be scheduled as part of the City's annual program, in accordance with the current policies
and procedures defined by ordinance, or otherwise established by the City Council.
Any construction or reconstruction will be considered within the Property on a Citywide
basis and within the context of the City's Capital Improvement Plan and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting
with regulatory signs, then warning signs, then informational signs, in conformance with
fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and
placed on the City's inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H. Drainage
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Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Design Criteria Manual, and with
existing City ordinances and policies, but only to the extent existing on -site drainage
facilities are not compliant with the Denton Development Code. Drainage fees will be
assessed at the rates established by city ordinance and will be charged on the utility bill
after annexation. All runoff, whether directly tied into the system or not, impacts the
system and will be charged.
As new development occurs within the Property, drainage facilities will be extended or
improved by the developer as required to remain compliant with the Denton
Development Code. Any cost participation shall be in accordance with the Denton
Development Code, Design Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a Capital Improvement
Project (CIP) project and bonds will need to be sold. Drainage capacity shall be provided
consistent with other areas of the City having similar characteristics of topography, land
use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the time the request for improved drainage facilities is received by the City.
Owner will provide all on -site public utility easements that are necessary to protect,
install, safely operate and maintain the drainage infrastructure, on a form acceptable to
the City, and at no cost to the City. These will be ranked in the CIP project matrix, in
accordance with the City Drainage Plan.
I. Electric
The Property will be served with electricity distribution service in the most cost-effective
manner; provided, however, that before Owner may enter into a contract with an electricity
distribution service provider, (i) Owner shall provide the City with any and all bona fide
offers that Owner has received from electricity distribution service providers that can
legally serve the Property and (ii) the City shall have 30 business days to provide to Owner
Denton Municipal Electric's ("DME") offer to provide distribution electricity service to
the Property; and provided further, that if DME's offer is substantially similar to the most
cost-effective offer from another distribution electricity service provider that can legally
serve the Property, then Owner will obtain electricity distribution service from DME. The
term "substantially similar" means that the terms of the offers provide the approximately
the same level of service at approximately the same start-up cost to Owner. Electric rates
applicable to customers within the Property will be pursuant to the then applicable DME
rates as approved by the Denton City Council.
Such electricity service offers will be based upon the following terms:
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1. The electricity distribution service provider will extend electric distribution
facilities as necessary to serve full development of the Property. The
electricity distribution service provider will evaluate the cost associated
with service extension through the undeveloped area to determine if Aid -
in -Construction is required. The electricity distribution service provider is
responsible for installation of all primary -voltage electrical cables,
transformers, switchgear, streetlight poles and LED streetlight fixtures,
streetlight cables, single-family residential services, and other necessary
electric distribution and transmission system equipment in compliance with
Electric Service Standards and Line Extension Policies currently in place at
the time of development, whether onsite or offsite as necessary to provide
adequate and reliable electric service to the Property.
2. Owner will provide all on -site public utility easements to the electricity
distribution provider that are necessary to protect, install, safely operate and
maintain the electric infrastructure, at no cost to the City. PUEs will be 8
feet in width adjacent to street rights -of -way in single family residential
areas, and 15 feet in width adjacent to Primary and Secondary Arterial
rights -of -way (20 feet where duct banks are required). Easements will be
conveyed through the platting process unless the electricity distribution
service provider requests an easement be transferred by separate instrument.
The provider agrees to joint trench installation of other franchised utilities
such as telephone, cable tv, fiber optic cables, or other non -gas utilities
within the designated public utility easements as long as those utilities are
on an edge shelf of the trench and not placed directly above the electric
facilities.
3. Existing overhead electric distribution lines, which are located in the public
rights -of -way, will be relocated by the electricity distribution service
provider at no cost to the Owner when development adjacent to the existing
electric line requires the line to be relocated in order to accommodate the
adjacent development as long as the relocation is also to an overhead
position. If Owner requests the relocation be placed underground, then
Owner shall be responsible for the difference in cost between the overhead
relocation and the underground relocation as reasonably determined and
demonstrated by the electricity distribution service provider. Existing
overhead electric distribution lines not owned by the electricity distribution
service provider will be relocated underground by the owner of the lines if
so required to comply with the Denton Development Code.
4. Owner will comply with those City approved policies within the DME
Electric Service Standards (ESS), as amended, that are available on the City
website and uniformly applied within the City, including the specifications
for street lighting.
Page 11
5. All new distribution electric service within the Property shall be placed
underground except for necessary above ground appurtenances such as
streetlights, switchgear and transformers. The City shall have the right to
inspect the electric facilities prior to placing such facilities into use.
J. Parks, Playgrounds, Swimming Pools
Residents of the Property may utilize all existing park and recreation facilities as a
resident of the effective date of this ordinance. The park dedication and development
ordinance shall apply to the Property for residential development.
In addition, park and recreation facilities shall be constructed based on park policies
defined in the Parks, Recreation and Trails System Master Plan and other existing City
ordinances and policies.
K. Publicly Owned Facilities. Any publicly owned facility, or service located within the
Property, and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation ordinance.
L. Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
M. Other Services. Other services that may be provided by the City of Denton, such as
municipal and general administration, will be made available as of the effective date of the
annexation. The City of Denton shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City of Denton having similar
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
4. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal
services to each area of the City, including the Property, if different characteristics of
topography, land use, and population density justify different levels of service.
5. AUTHORITY
City and Owner represent that they have full power, authority and legal right to execute,
deliver and perform their obligations pursuant to this Agreement. Owner acknowledges
that approval of the Annexation Case is within the sole jurisdiction of the City Council.
Nothing in this Agreement guarantees favorable decisions by the City Council.
6. EFFECTIVE DATE; TERM
The effective date of this Agreement is the date of the annexation of the Property. This
Agreement shall be valid for a term of ten (10) years from the Effective Date.
Page 12
7. VENUE AND GOVERNING LAW
Venue shall be in the state courts located in Denton County, Texas or the United States
District Court for the Eastern District of Texas. This Agreement shall be governed and
construed in accordance with the laws and court decisions of the State of Texas.
8. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
9. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained
in this Agreement.
10. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
11. CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes only
and shall not alter the substance of the terms and conditions of this Agreement.
12. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the successors and assigns
of the Parties to this Agreement and stand as obligations running with the land until
satisfied in full, regardless of how the Property is developed.
13. ENTIRE AGREEMENT; AMENDMENT.
This Agreement constitutes the complete agreement of the parties to this Agreement and
supersedes all prior written agreements between the parties. This Agreement shall not be
amended unless executed in writing by both parties. The Parties stipulate that this
Agreement does not constitute a permit for development under Chapter 245 of the Texas
Local Government Code.
Page 13
The parties have executed this Agreement on the date first above written.
.$ M►
By: The Residences of Lake District of Austin
Ranch No. 1, Ltd.
CITY OF DENTON
By:
City Manager, Deputy City Manager, or
Assistant City Manager
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Signature
Title
Department
Date Signed:
APPROVED AS TO LEGAL FORM:
Mack Reinwand, City Attorney
By: "��lk'-�
Page 14
EXHIBIT A
LEGAL DESCRIPTION
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN
THE G. BARB SURVEY, ABSTRACT NUMBER 208, AND THE JF MEYERS SURVEY, ABSTRACT
1699, DENTON COUNTY, TEXAS AND ALL OF A CALLED 19.109 ACRE TRACT AS DESCRIBED
IN A DEED TO MARK E. COLE AND LINDA COLE RECORDED IN VOLUME 4750, PAGE 737,
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING ALL OF A 8.00 ACRE
TRACT DESCRIBED IN A DEED TO MARK E. COLE AND LINDA COLE, RECORDED IN VOLUME
4571, PAGE 1057, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, ALSO BEING ALL OF
A CALLED 1.1056 ACRE TRACT DESCRIBED IN A DEED TO MARK E. COLE AND LINDA COLE,
RECORDED IN VOLUME 2394, PAGE 283, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A FOUND 3/8 INCH IRON PIN AT THE NORTHEAST CORNER OF SAID 19.109
ACRE TRACT, AND BEING AT THE NORTHWEST CORNER OF A CALLED 28.756 ACRE TRACT,
DESCRIBED IN A DEED TO JACK VANDERHOFF AND LOUISE VANDERHOFF, RECORDED IN
VOLUME 551, PAGE 4, DEED RECORDS, DENTON COUNTY TEXAS, SAID PIN ALSO BEING ON
A SOUTH LINE OF A CALLED 30.382 ACRE TRACT, DESCRIBED IN A DEED TO JAY D.
RODGERS, RECORDED IN VOLUME 5326, PAGE 5728, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 08 MINUTES 51 SECONDS WEST, WITH THE EAST LINE OF SAID
19.109 ACRE TRACT AND THE WEST LINE OF SAID 28.756 ACRE TRACT, A DISTANCE OF 985.87
FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX
10023300", FOR CORNER;
THENCE SOUTH 00 DEGREES 06 MINUTES 14 SECONDS WEST, CONTINUING WITH AN EAST
LINE OF SAID 19.109 ACRE TRACT AND THE WEST LINE OF SAID 28.756 ACRE TRACT,
PASSING AT A DISTANCE OF 139.70 FEET A FOUND 1/2 INCH IRON PIN AT A SOUTHWEST
CORNER OF SAID 28.756 ACRE TRACT AND A NORTHWEST CORNER OF A CALLED 11.3136
ACRE TRACT DESCRIBED IN A DEED TO LESLIE A. PORTER AND BRENDA J. PORTER,
RECORDED UNDER COUNTY CLERK DOCUMENT NUMBER 1995-54830, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, AND CONTINUING WITH SAID LINE AND PASSING AT
A DISTANCE OF 2224.21 FEET A FENCE CORNER POST AND CONTINUING FOR A TOTAL
DISTANCE OF 2248.01 FEET TO A SET PK NAIL AT THE SOUTHEAST CORNER OF SAID 19.109
ACRE TRACT AND BEING AT THE SOUTHWEST CORNER OF A CALLED 16.19 ACRE, TRACT 2,
DESCRIBED IN A DEED TO KENNETH AND GWYNDA BAHNSEN LIVING TRUST DATED
NOVEMBER 4, 2019, KENNETH ANTONE BAHNSEN, SR. AND GWYNDA GOSSETT BAHNSEN,
TRUSTEES, RECORDED UNDER COUNTY CLERK DOCUMENT NUMBER 2019-141473, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS AND ALSO BEING ON THE NORTH LINE OF
A CALLED 340.469 ACRE TRACT, DESCRIBED IN A DEED TO THE CITY OF DENTON,
RECORDED UNDER COUNTY CLERK DOCUMENT NUMBER 2016-143882, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, SAID PK NAIL ALSO BEING IN JIM CHRISTAL ROAD;
THENCE NORTH 86 DEGREES 40 MINUTES 58 SECONDS WEST, WITH THE SOUTH LINE OF
SAID 19.109 ACRE TRACT AND THE NORTH LINE OF SAID 340.469 ACRE TRACT, WITH JIM
CHRISTAL ROAD A DISTANCE OF 445.70 FEET TO A SET PK NAIL, AT THE SOUTHWEST
CORNER OF SAID 1.1056 ACRE TRACT, AND BEING AT THE SOUTHEAST CORNER OF A
CALLED 3.014 ACRE TRACT DESCRIBED IN A DEED TO LARRY MANNING AND BETH MARIE
Page 15
MANNING TRUSTEES OF THE MANNING LIVING TRUST, RECORDED UNDER COUNTY
CLERK DOCUMENT NUMBER 2022-30355, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS;
THENCE NORTH 00 DEGREES 26 MINUTES 15 SECONDS WEST, WITH A WEST LINE OF SAID
1.1056 ACRE TRACT AND THE WEST LINE OF SAID 3.014 ACRE TRACT PASSING AT A
DISTANCE OF 30.00 FEET, A SET1/2 INCH IRON PIN WITH AYELLOW PLASTIC CAP STAMPED
"METROPLEX 10023300", AND CONTINUING FOR A TOTAL DISTANCE 1515.02 FEET TO A 1/2
INCH IRON PIN FOUND AT THE WESTERN MOST NORTHWEST CORNER OF SAID 19.109 ACRE
TRACT AND BEING AT AN INNER ELL CORNER OF A CALLED 45.00 ACRE, TRACT 1,
DESCRIBED IN A DEED TO ROBERT MARLIN TRUSTEE OF THE LYBBERT FAMILY TRUST,
RECORDED UNDER COUNTY CLERK DOCUMENT NUMBER 2022-30102, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 52 MINUTES 40 SECONDS EAST, WITH A NORTH LINE OF SAID
19.109 ACRE TRACT AND A SOUTH LINE OF SAID 45.00 ACRE, TRACT 1, A DISTANCE OF 143.45
FEET, TO A FOUND 1/2 INCH IRON PIN AT AN INNER ELL CORNER OF SAID 19.109 ACRE
TRACT AND THE EASTERN MOST SOUTHEAST CORNER OF SAID 45.00 ACRE, TRACT 1;
THENCE NORTH 00 DEGREES 00 MINUTES 46 SECONDS EAST, WITH A WEST LINE OF SAID
19.109 ACRE TRACT AND THE EAST LINE OF SAID 45.00 ACRE, TRACT 1, A DISTANCE OF
1698.14 FEET, TO A FOUND 5/8 INCH IRON PIN AT THE NORTHWEST CORNER OF SAID 19.109
ACRE TRACT, BEING THE NORTHEAST CORNER OF SAID 45.00 ACRE, TRACT I, AND SAID PIN
ALSO BEING ON THE SOUTH LINE OF SAID 3 0.3 82 ACRE TRACT;
THENCE SOUTH 89 DEGREES 09 MINUTES 04 SECONDS EAST, WITH A NORTH LINE OF
SAID 19.109 ACRE TRACT AND THE SOUTH LINE OF SAID 30.382 ACRE TRACT A DISTANCE
OF 319.34 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 28.212 ACRES OF
LAND.
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EXHIBIT B
Page 17
LOCATION MAP
Page 18
EXHIBIT C
ANNEXATION SCHEDULE
Annexation
7/6/2026 Petition for Annexation submitted
9/l/2026 Deadline to submit notice to Denton Record Chronicle and City Website for
publication before the 17t' day before the public hearing on September 22, 2026
(published on Saturday, September S, 2026)
9/4/2026 Deadline to submit backup for posting of City Council Agenda for Regular Meeting
on September 22, 2026
9/22/2026 Annexation Municipal Service Agreement— IC (Required prior to annexation per
43.0672),
Annexation Public Hearing — PH (Only one public hearing is required per
43.0673),
AND
First Reading of annexation ordinance — IC (per City Charter)
9/27/2026 Publish Ordinance in the newspaper (Charter Sec. 1.03; cannot be acted on for 30
days)
11 /17/2026 CC by 4/5ths vote takes final action — IC (Regular meeting)
Second Reading of annexation ordinance.
Adoption of annex. ordinance (30 days+ post publication per Charter Sec. 1.03)
Post -Annexation Adoption Procedures:
1. Notification to Comptroller
2. Notification to DOJ
3. File certified copy of ordinances with the Denton County Clerk
4. File certified copy of ordinances with the Denton CAD
5. Revise City Map
6. Notify Utilities (Customer Service) utilitybilling@cityofdenton.com
Page 19