HomeMy WebLinkAbout2001-090ORDINANCE NO. ® W
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS OF
LAND, COMPRISING APPROXIMATELY 672 ACRES. TRACT ONE IS LOCATED ON
THE ON THE SOUTHWESTERN SIDE OF THE CITY OF DENTON'S
EXTRATERRITORIAL JURISDICTION EAST OF U.S. HIGHWAY 377, SOUTH OF
REGENCY COURT ON EACH SIDE OF COUNTRY CLUB ROAD, WEST OF MONTECITO
ALONG RYAN ROAD AND MOSTLY NORTH OF BRUSH CREEK ROAD AND TRACT
TWO IS LOCATED WEST OF MONTECITO, SOUTH OF EL PASEO AND EAST OF
SANTA MONICA; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE (A-101).
WHEREAS, the City of Denton wishes to extend its City boundary line to include the 668-acre
tract labeled as "Tract #1" and the 3.6 acre tract labeled as "Tract #2", more particularly described in
Exhibit A; and
WHEREAS, notice was mailed in accordance with state annexation law and Denton City Code;
and
WHEREAS, public hearings were held in the Council Chambers on October 24, 2000, and
November 7, 2000, to allow all interested persons to state their views and present evidence bearing
upon this annexation; and
WHEREAS, the aforementioned public hearings were conducted not more than forty (40) days
nor less than twenty (20) days prior to the institution of the annexation proceedings; and
WHEREAS, after a public hearing on November 8, 2000, the City of Denton Planning and
Zoning Commission recommended approval of the annexation by a vote of 3-2; 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 November 28, 2000; 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, in accordance with state law and as required by City Charter; and
WHEREAS, certain areas have been deleted to provide for conservation easements or land trust
dedications to protect environmentally sensitive areas, or have been deleted because of the
unlikelihood of imminent development and the City Council finds that such deletions are in the public
interest; and
WHEREAS, the City Council finds that it is in the public interest to the extent that this
annexation results in an area being entirely surrounded by the city limits of Denton but such area is not
included in the city limits; and
WHEREAS, the City Council finds that the annexation will be in compliance with the 1999
Denton Plan; and
WHEREAS, the areas to be annexed lie within the extraterritorial jurisdiction of the City of
Denton, Texas and lie adjacent to and contiguous to the City of Denton, Texas;
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I: The land and territory lying outside of, but adjacent to and contiguous to the City
of Denton as the 668-acre tract labeled as "Tract 1" and the 3.6-acre tract labeled as "Tract 2", more
particularly described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby
added and annexed to the City of Denton, Texas, and said territory as described shall hereinafter be
included within the boundary limits of the City of Denton, Texas, and the present boundary limits of
said city, at the various points contiguous to the area described in Exhibit "A" are altered and amended
so as to include said area within the corporate limits of the City of Denton, Texas.
SECTION II: That the land and territory described in Exhibit "A" shall be part of the City of
Denton, Texas, and the property so added shall bear its share of the taxes levied by the City of Denton,
Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges as citizens and
shall be bound by the acts, ordinances, resolutions and regulations of the City of Denton, Texas.
SECTION III: 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, and the implementation of the service plan is hereby authorized.
SECTION IV: The annexed property is zoned classified as Agricultural (A) zoning district
classification and use designation.
SECTION V: The City of Denton official zoning map is amended to show the Agricultural (A)
zoning district and use classification of the property annexed.
SECTION VI: 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 VII: That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 2aday of 2001.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: bn m V47 � �()A 'e J�;LA
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APPROVED AS TO LEGAL FORM:
HERBERT L. PRO Y,
BY:
Ryan Area — Tract 1 Exhibit A
ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of
Texas, and being part of the W. Roark Survey, Abstract Number 1087, the B.B.B. & C. R.R. Survey,
Abstract Number 196, the T. Martin Survey, Abstract Number 900, the A. Gibson Survey, Abstract
Number 498, the T. Peacock Survey, Abstract Number 1589, the T. Labor Survey, Abstract Number
779, the J. Rogers Survey, Abstract Number 1084, , the M. Rogers Survey, Abstract Number 1079, the
J. Withers Survey, Abstract Number 1343, the J. Schultz Survey, Abstract Number 1223, and the F.
Daugherty Survey, Abstract Number 348 and being more particularly described as follows:
BEGINNING at a point in the present Denton city limit line, said point being the southeast corner of
a tract established by City of Denton Ordinance No. 81-76, said point lying on the centerline of F.M.
1830 and on the east boundary line of the said B.B.B. & C. R.R. Survey, Abstract Number 196 same
being the west boundary line of the T. Martin Survey, Abstract Number 900;
THENCE North 00 degrees 54 minutes 40 seconds West, along said centerline of F. M. 1830 and the
said east boundary line of the said B.B.B. & C. R.R. Survey, Abstract Number 196 same being the east
city limit line as established by said Ordinance No. 81-76, a distance of 1,091.30 feet to a point for
corner at the most easterly northeast corner of the city limit line established by said Ordinance No. 81-
76, same being the most southerly southeast comer on the centerline of F. M. 1830 of the city limit line
as established by Ordinance No. 83-17;
THENCE North 00 degrees 54 minutes 40 seconds West, continuing along the centerline of F. M.
1830 and the city limit line as established by said Ordinance No. 83-17, a distance of 355 feet to a
point for corner in the city limit line established by Ordinance No. 83-17;
THENCE North 89 degrees 46 minutes 35 seconds East, departing said centerline of F. M. 1830 and
the east boundary line of the said B.B.B. & C. R.R. Survey, Abstract Number 196, same being the west
boundary line of the said T. Martin Survey, Abstract Number 900, and continuing along the city limit
line established by Ordinance No. 83-17, a distance of 40 feet to a point for corner on the east right of
way line of F. M. 1830, said point being the westerly southwest corner of the city limit line established
by Ordinance No. 80-12;
THENCE North 89 degrees 46 minutes 35 seconds East, continuing with the city limit line established
by said Ordinance No. 80-12, a distance of 640.75 feet to a point for corner;
THENCE South 00 degrees 35 minutes 35 seconds West, along the city limit line established by
Ordinance No. 80-12, a distance of 761.95 feet to a point for corner;
THENCE South 85 degrees 36 minutes 59 seconds East, along said city limit line established by
Ordinance No. 80-12, a distance of 23.60 feet to a point;
THENCE North 89 degrees 56 minutes 53 seconds East, along said city limit line established by
Ordinance No. 80-12, a distance of 1,138.55 to a point for corner at the northwest comer of the city
limit line established by Ordinance No. 96-069;
THENCE South 00 degrees 06 minutes 16 seconds East, along the most westerly west city limit line
established by said Ordinance No. 96-069, a distance of 1,016.25 feet to a point for corner at the
westerly southwest comer of said city limit line established by Ordinance No. 96-069;
THENCE North 89 degrees 47 minutes 21 seconds East, along the said city limit line established by
Ordinance No. 96-069, a distance of 515.04 feet to a point for corner;
THENCE South 00 degrees 37 minutes 05 seconds West, along the said city limit line established by
Ordinance No. 96-069, a distance of 271.14 feet to a point for corner in Sanders Road;
THENCE South 89 degrees 07 minutes 03 seconds East, along said Sanders Road and along said city
limit line as established by Ordinance No. 96-069, a distance of 326.35 feet to a point for corner, said
point lying on the east line of the said T. Martin Survey, Abstract Number 900, same being the west
line of the said A. Gibson Survey, Abstract Number 498, said point also lying on the west city limit
line established by Ordinance No. 92-060;
THENCE South 00 degrees 19 minutes 42 seconds East, along the west line of the said A. Gibson
Survey, Abstract Number 498, and the said west city limit line established by Ordinance No. 92-060, a
distance of 472.72 feet to a point at the southwest corner of the said city limit line established by
Ordinance No. 92-060, same being the northwest corner of the city limit line established by Ordinance
No. 93-188;
THENCE South 00 degrees 19 minutes 42 seconds East, continuing with the west line of the said A.
Gibson Survey, Abstract Number 498, and with the west city limit line as established by said
Ordinance No. 93-188, a distance of 810.95 feet to a point for corner at the southwest corner of the city
limit line established by said Ordinance No. 93-188, said point also lying in the north right of way line
of Ryan Road, a public road;
THENCE South 89 degrees 22 minutes 47 seconds East, along the said north right of way line of Ryan
Road and along the city limit line established by said Ordinance No. 93-188, a distance of 1,315.61
feet to a point for corner at the southeast comer of the said city limit line established by Ordinance No.
93-188;
THENCE North 00 degrees 37 minutes 33 seconds East, along the west city limit line established by
said Ordinance No. 93-188, a distance of 513.39 feet to a point for corner at the southwest corner of
the Denton city limit line established by Ordinance No. 99-426;
THENCE North 88 degrees 48 minutes 29 seconds East along said city limit line established by
Ordinance No. 99-426, a distance of 251.63 feet to a point for comer;
THENCE North 00 degrees 37 minutes 00 seconds East continuing along said city limit line
established by Ordinance No. 99-426, a distance of 62.60 feet to a point for corner;
THENCE North 88 degrees 49 minutes 00 seconds East continuing along said city limit line
established by Ordinance No. 99-426, a distance of 726.00 feet to a point for corner;
THENCE North 09 degrees 19 minutes West continuing along said city limit line established by
Ordinance No. 99-426, a distance of 436.80 feet to a point for comer;
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THENCE North 09 degrees 17 minutes East continuing along said city limit line established by
Ordinance No. 99-426, a distance of 261 feet to a point for comer;
THENCE North continuing along said city limit line established by Ordinance No. 99-426, a distance
of 65 feet to a point for comer and being in the city limit line established by Ordinance No. 73-17;
THENCE East, along said city limit line established by Ordinance No. 73-17, a distance of 419.10 feet
to a point for comer in the east boundary line of the said A. Gibson Survey, Abstract Number 498,
same being the west boundary line of the said T. Peacock Survey, Abstract Number 1589;
THENCE South 00 degrees 40 minutes 58 seconds East, along the present Denton city limit line
established by Ordinance No. 73-17 and along the west boundary line of the said T. Peacock Survey,
Abstract Number 1589, a distance of 1,057.29 feet to a point for corner at the westerly southwest
corner of the city limit line established by Ordinance No. 73-17;
THENCE South continuing along the west boundary line of the said T. Peacock Survey, Abstract
Number 1589 a distance of 239.41 feet to a point for comer, said point lying on the north line of Ryan
Road;
THENCE East along the north right-of-way line of Ryan Road a distance of 805.47 feet to a point for
comer, said point lying on the existing Denton city limit line established by Ordinance No. 73-17, said
point lying on the east line of the T. Peacock Survey, Abstract No. 1589 and the west line of the C.
Poullalier Survey, Abstract No. 1006;
THENCE South a distance of 30' to the centerline of Ryan Road, said point being the southwest corner
of the C. Poullalier Survey, Abstract No. 1006 and the southwest comer of the T. Peacock Survey,
Abstract No. 1589;
THENCE North 88 degree 32 minutes 08 seconds East, along the south boundary line of the said C.
Poullalier Survey, Abstract No. 1006, same being the north line of the T. Labor Survey, Abstract No.
779, and the same being the southerly south Denton city limit line established by Ordinance No. 73-17,
a distance of 300 feet, more or less, to a point for corner at the northerly northwest corner of the
Denton city limit line established by Ordinance No. 77-5 (Tract I);
THENCE South along the existing Denton city limit line established by Ordinance No. 77-5 (Tract I) a
distance of 30 feet to a point for corner, said point lying on the south right-of-way line of Ryan Road,
said point being the northeast corner of a 17 acre tract conveyed to Wayne S. Ryan, et ux by deed
recorded in Volume 730, Page 599 of the Deed Records of Denton County, Texas;
THENCE along the south right-of-way line of Ryan Road the following calls:
1. West a distance of 580.07 feet to a point;
2. South 88 degrees 21 minutes 07 seconds West, 645.84 feet to a point;
3. South 87 degrees 44 minutes 07 seconds West, 100.92 feet to a point;
4. South 89 degrees 09 minutes 56 seconds West, 155.43 feet to a point;
5. North 87 degrees 50 minutes 17 seconds West, 311.78 feet to a point;
6. North 89 degrees 19 minutes 23 seconds West, 174.90 feet to a point;
THENCE North 88 degrees 53 minutes 19 seconds West, continuing along the south right-of-way line
of Ryan Road a distance of 90.00 feet to a point, said point being the northeast corner of a 52.486 acre
tract described in a Partition Deed to Shelton Ryan recorded in Volume 2522, Page 898 of the Real
Property Records of Denton County, Texas, said point also being the northeast corner of a City of
Denton annexation tract being described in Ordinance No. 99-176;
THENCE North 88 degrees 55 minutes 09 seconds West continuing along the south right-of-way of
Ryan Road along the northernmost line of City of Denton annexation tract being described in
Ordinance No. 99-176 a distance of 872.29 feet to a point for corner, said point being the northeast
corner of a 52.486 acre tract of land conveyed to Phoebe Ryan Higginbotham by Page 6 of Partition
Deed, as recorded in Volume 2522, Page 898, Real Property Records, Denton County, Texas, said
point also being the northwest corner of said City of Denton annexation tract being described in
Ordinance No. 99-176;
THENCE North 88 degrees 53 minutes 19 seconds West continuing along the south right-of-way line
of Ryan Road a distance of 746.00 feet to a point;
THENCE North 89 degrees 16 minutes 12 seconds West continuing along the south right-of-way line
of Ryan Road a distance of 119.75 feet to a point for corner, said point being the northeast corner of a
15.435 acre tract conveyed to Wayne S. Ryan by Partition Deed, Tract 2, as recorded in Volume 2522,
Page 898, Real Property Records, Denton County, Texas, said point also lying on the east line of the J.
Withers Survey, Abstract Number 1343;
THENCE South along the east line of the J. Withers Survey, Abstract Number 1343 a distance of
3,344.66 feet to a point for comer, said point being the northeast corner of a 10 acre tract conveyed to
Calvert Paving Corporation by deed recorded in Volume 1719, Page 924 of the Real Property Records
of Denton County, Texas;
THENCE South 88 degrees 36 minutes West a distance of 660 feet to a point for comer, being the
northwest corner of said 10 acre Calvert Paving Corporation tract;
THENCE South 01 degree 00 minutes East a distance of 660 feet to a point for corner, being the
southwest corner of said 10 acre Calvert Paving Corporation tract, said point lying on the north line of
a 10.464 acre tract conveyed to Calvert Paving Corporation by deed recorded in Volume 2115, Page
425 , (Tract 1) of the Real Property Records of Denton County, Texas;
THENCE South 89 degrees 22 minutes West along the north line of said 10.464 acre tract conveyed to
Calvert Paving Corporation by deed recorded in Volume 2115, Page 425 , (Tract 1) of the Real
Property Records of Denton County, Texas a distance of 141.48 feet to a point for corner, said point
being the northwest corner of said 10.464 acre tract conveyed to Calvert Paving Corporation by deed
recorded in Volume 2115, Page 425 , (Tract 1) of the Real Property Records of Denton County, Texas
and lying on the east right-of-way line of the Kansas City Southern Railway Company (formerly G.C.
& S.F. R.R.);
THENCE South 34 degrees 41 minutes East along said railroad right-of-way line a distance of 1,158
feet to a point;
7
THENCE Southeasterly with said right-of-way around a 0.824 degree curve to the right 525.64 feet to
a point, said point lying on the west line of the N. Britton Survey, Abstract No. 51 and the east line of
the J. Withers Survey, Abstract No. 1343;
THENCE South along said Survey lines a distance of 111 feet to a point for corner;
THENCE West a distance of 52 feet to a point for corner, said point being the northeast corner of a
15.7998 acre tract conveyed to Connie Ann Cardwell by deed recorded in Volume 3318, Page 908,
Tract 4, Real Property Records of Denton County, Texas, same point being the most easterly southeast
corner of a 102.493 acre tract to Sowell Property Partners — Hickory Creek, L.P. by deed recorded in
Volume 4413, Page 933 of the Real Property Records of Denton County, Texas;
THENCE North 89 degrees 52 minutes 00 seconds West along a southerly line of said Sowell tract and
the north line of said Cardwell tract a distance of 1,250.72 feet to a point for corner;
THENCE South 01 degrees 50 minutes 01 seconds West, along the common line of said tracts
distance of 515.89 feet to a point for corner, said point lying in the centerline of Hickory Creek;
THENCE along the centerline of said Hickory Creek as follows:
1. South 67 degrees 25 minutes 56 seconds East 493.76 feet, to a point;
2. South 81 degrees 03 minutes 06 seconds East 99.98 feet, to a point;
3. South 51 degrees 50 minutes 31 seconds East 64.85 feet, to a point;
4. South 20 degrees 02 minutes 27 seconds East 108.78 feet, to a point;
5. South 03 degrees 05 minutes 54 seconds East 361.60 feet, to a point, being the northeast corner
of the tract of land conveyed to Jack W. Basden and wife, Beverly Holmquest Basden, by deed
as recorded in Volume 832, Page 794, Deed Records, Denton County, Texas;
THENCE South 89 degrees 34 minutes 53 seconds West, a distance of 1,740 feet along the south line
of said Basden tract of land to a point for corner, said point lying on the west right of way line of
Hilltop Road;
THENCE North 00 degrees 09 minutes 00 seconds West along the west right of way line of Hilltop
Road, a distance of 45 feet to a point;
THENCE North 31 degrees 48 minutes 35 seconds West, a distance of 149.28 feet to a point, said
point lying on the south right of way line of Brush Creek Road;
THENCE South 88 degrees 04 minutes 34 seconds West along the south right of way line of Brush
Creek Road, a distance of 726.62 feet to a point for corner, said point lying on the intersection of the
south right of way line of Brush Creek Road and the east right of way line of F.M. 1830;
THENCE South 82 degrees 36 minutes West across F.M. 1830, a distance of 200 feet to a point for
corner, said point being the intersection of the south right of way line of Brush Creek Road and the
west right of way line of F.M. 1830;
THENCE Westerly along the south right of way line of Brush Creek Road, a distance of 1,810 feet to a
point for comer;
THENCE North across Brush Creek Road, passing at 60 feet the southeast comer of a tract of land
conveyed to John Brent Kinard and wife, Mary E. Kinard, as recorded in Volume 2157, Page 591, Real
Property Records, Denton County, Texas, same being the southwest corner of an 80 acre tract
conveyed to Charles Pennington by deeds recorded as Clerk's File Numbers 95-R0008699, 95-
R0008700, 95-R0008701, 95-R0008702 in the Real Property Records of Denton County, Texas, same
being a point on the north line of Brush Creek Road and continuing north along said Kinard and
Pennington common line, passing at 434.14 feet the northeast corner of said Kinard tract, same being a
point in the Graveyard Branch tributary, same being the most easterly southeast corner of a City of
Denton annexation tract established by Ordinance No. 97-130 and continuing north along the east line
of said City of Denton annexation tract (Ordinance No. 97-130) and the west line of said Pennington
tract for a total distance of 2,640 feet to a point being the northwest corner of said Pennington tract;
THENCE East along the north line of said Pennington tract a distance of 1,320.50 feet to a point for
corner, said point being the northeast corner of said 80 acre Pennington tract;
THENCE South along the east line of said 80 acre Pennington tract a distance of 2,640 feet to a point
for corner, said point being the southeast corner of said 80 acre Pennington tract, said point also lying
on the north right-of-way line of Brush Creek Road;
THENCE South 89 degrees 15 minutes 00 seconds East along the north right-of-way line of Brush
Creek Road a distance of 564.94 feet to a point for comer, said point lying at the intersection of the
north line of Brush Creek Road and the west right-of-way line of F.M. Road 1830;
THENCE North 58 degrees 12 minutes 58 seconds East along the west right-of-way line of F. M. 1830
a distance of 485.96 feet to a point for corner, and the beginning of a curve to the left having a radius
of 527.23 feet;
THENCE with said curve to the left having an are length of 534.91 feet and a chord which bears North
29 Degrees 09 Minutes 03 Seconds East a distance of 512.26 feet along the west right-of-way line of F.
M. 1830 to a point for corner;
THENCE North 00 degrees 05 minutes 08 seconds East along the west right-of-way line of F. M. 1830
a distance of 1,051.84 feet to a point for corner, and the beginning of a curve to the right having a
radius of 1,169.35;
THENCE with said curve to the right having an are length of 158.43 feet and a chord, which bears
North 03 degrees 53 minutes 39 seconds East a distance of 158.31 feet along the west right-of-way line
of F.M. 1830 to a point for corner;
THENCE North 07 degrees 46 minutes 32 seconds East along the west right-of-way line of F.M. 1830
a distance of 120.90 feet to a point for corner, said point being the beginning of a curve to the left
having a radius of 528.08 feet;
THENCE with said curve to the left having an are length of 149.46 feet and a chord which bears South
00 degrees 19 minutes 58 seconds East a distance of 148.97 feet along the west right-of-way line of F.
M. 1830 to a point for corner;
THENCE North 08 degrees 26 minutes 28 seconds West a distance of 148.06 feet along the west right-
of-way line of F. M. 1830 to a point for corner;
9
THENCE North 81 degrees 33 minutes 32 seconds East a distance of 5.00 feet along the right-of-way
line of F. M. 1830 to a point for comer, said point being the beginning of a non -tangent curve to the
right having a radius of 1,472.50 feet;
THENCE with said curve to the right having an arc length of 199.74 feet and a chord which bears
North 04 degrees 33 minutes 16 seconds West a distance of 199.58 feet along the west right-of-way
line F. M. 1830 to a point for corner;
THENCE North 00 degrees 33 minutes 33 seconds West along the west right-of-way of F. M. 1830 a
distance of 1,221.43 feet to a point for corner;
THENCE North 00 degrees 48 minutes 47 seconds West along the west right-of-way line of F.M.
1830 a distance of 27.76 feet to a point for corner, said point being the southeast corner of a 5.165 acre
tract conveyed to Richard Lee Burch by deed recorded in Volume 1873, Page 134 of the Real Property
Records of Denton County, Texas;
THENCE South 89 degrees 51 minutes 22 seconds West, departing the west right-of-way line of F.M.
1830 and along the south line of said 5.165 acre tract a distance of 500 feet to a point for comer, said
point being the southwest corner of said 5.165 acre tract;
THENCE North 00 degrees 08 minutes 38 seconds West along the west line of said 5.165 acre tract a
distance of 450 feet to the northwest corner of said 5.165 acre tract to a point for corner;
THENCE North South 89 degrees 51 minutes 22 seconds East along the north line of said 5.165 acre
tract a distance of 500 feet to the northeast corner of said 5.165 acre tract to a point for comer, said
point lying on the west right-of-way line of F.M. 1830;
THENCE North 00 degrees 48 minutes 47 seconds West along the west right-of-way line of F.M. 1830
a distance of 1,241.24 feet to a point for corner, said point being the southeast corner of a tract to
Connie M. Altemus by deed recorded in Volume 901, Page 774 of the Deed Records of Denton
County, Texas;
THENCE West along the south line of said Altemus Volume 901, Page 774 tract, crossing the Kansas
City Southern Railway Company right-of-way and continuing along the south line of a tract conveyed
to Connie M. Altemus by deed recorded in Volume 901, Page 777 of the Deed Records of Denton
County, Texas a distance of 2,607 feet, more or less, to a point for corner, said point being the
southwest corner of said Altemus Volume 901, Page 777 tract, said point also lying on the west line of
the B.B.B. & C.R.R.Co. Survey, Abstract No. 196;
THENCE North along the west line of the B.B.B. & C.R.R. Co. Survey, Abstract No. 196 a distance
of 1004.92 feet to a point for corner; said point lying in the center of Hickory Creek;
THENCE North 52 degrees 35 minutes 40 seconds West along Hickory Creek a distance of 242.48
feet to a point for corner;
THENCE North 32 degrees 40 minutes 56 seconds West along Hickory Creek a distance of 321.60
feet to a point for corner, said point being in the present Denton city limit line as established by
Ordinance No. 65-43 (Tract No. IV), said point being 660 feet southeast of and perpendicular to the
centerline of U. S. Highway 377;
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THENCE Northeasterly, along the said city limit line established by Ordinance No. 65-43 (Tract No.
IV), 660 feet southeast of and parallel to the centerline of U. S. Highway 377, passing at 518 feet, more
or less, the east boundary line of the said W. Roark Survey, Abstract Number 1087, same being the
west boundary line of the said B.B.B. & C. R.R. Survey, Abstract Number 196, and continuing for a
total distance of 1,383 feet, more or less, to a point on the northeast right-of-way line of the Kansas
City Southern Railroad, same being a point at the westerly southwest corner of the city limit line as
established by Ordinance No. 81-76;
THENCE South 35 degrees 27 minutes East, along the northeast right of way line of said railroad and
the southwest city limit line established by said Ordinance No. 81-76, a distance of 898.13 feet to a
point for comer at the southerly southwest comer of the city limit line established by said Ordinance
No. 81-76;
THENCE North 89 degrees 37 minutes 22 seconds East, departing said railroad right-of-way and
continuing along the south city limit line established by said Ordinance No. 81-76, passing at 1,481
feet the west right of way line of F. M. 1830, and continuing for a total distance of 1,521 feet to the
POINT OF BEGINNING and containing 670.25 acres of land, SAVE & EXCEPT a 2.25 acre Burch,
et al tract for a net acreage of 668 acres within the annexation tract;
SAVE & EXCEPT THE FOLLOWING TRACT:
Field notes to all that certain tract of land situated in the J. Withers Survey, Abstract Number 1343,
Denton County, Texas, and being a portion of the called 80 acre third tract described in the deed from
V. D. Burch, et ux to Marvin Burch recorded in Volume 440, Page 214, Deed Records of Denton
County, Texas, subject tract being more particularly described as follows:
BEGINNING at a point on the north line of Brush Creek Road and on the southerly right-of-way line
of F.M. Road 1830 and being North 58 degrees 12 minutes 58 seconds East a distance of 20.00 feet
from the northwest comer of the tract of land described in the deed from A. E. Wyatt to Fred D. Kurrus
being recorded in Volume 598, Page 544, Deed Records of Denton County, Texas;
THENCE North 58 degrees 12 minutes 58 seconds East along the south right-of-way line of F.M. 1830
a distance of 323.52 feet to the beginning of curve to the left having a radius of 617.23 feet;
THENCE with said curve to the left having an arc length of 443.28 feet and a chord bearing of North
37 degrees 38 minutes 31 seconds East a distance of 433.82 to a point on the southerly right-of-way of
F.M. 1830 and on the west line of the tract of land described in the deed to Sowell Property Partners -
Hickory being recorded as County Clerk's File Number 99-R0088518, Real Property Records of
Denton County, Texas;
THENCE South 00 degrees 54 minutes 46 seconds East along the west line of said Sowell Property
Partners -Hickory tract a distance 489.36 feet to a point on the north right-of-way line of Brush Creek
Road;
THENCE South 87 degrees 25 minutes 34 seconds West along the north line of Brush Creek road a
distance of 548.30 feet to the POINT OF BEGINNING and containing in all 2.25 acres of land.
11
Ryan Area - Tract 2
Exhibit A
ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of
Texas, and being part of the Archibald Gibson Survey as conveyed to Robert J. Caraway and wife,
Georgia Caraway by deed dated January 18, 1984, and recorded in Volume 1329, Page 58, Deed
Records, Denton County, Texas and being more particularly described as follows:
BEGINNING at a point in the south right of way line of El Pasco, a public road, said point being the
existing Denton city limits line as established by Ordinance No. 65-35, same point being the northwest
corner of said Caraway tract of land and also being the northeast corner of a tract of land conveyed to
Elmer Wayne Stephens, et ux, by deed dated April 16, 1974, and recorded in Volume 706, Page 79,
Deed Records, Denton County, Texas;
THENCE North 88 degrees 45 minutes 10 seconds East along the existing south Denton city limits line
as established by Ordinance No. 65-35, same being the north property line of said Caraway tract of
land, a distance of 679.58 feet to a point being the northwest corner of the existing Denton city limits
line as established by Ordinance No. 73-17, same point being the northeast corner of said Caraway
tract of land;
THENCE South 09 degrees 35 minutes 00 seconds West along the existing Denton city limits line as
established by Ordinance No. 73-17, same being the east property line of said Caraway tract of land, a
distance of 254.53 feet to a point at the southeast corner of said Caraway tract of land, same point
being in the existing Denton city limits line as established by Ordinance No. 99-426;
THENCE South 88 degrees 45 minutes 10 seconds West along the existing Denton city limits line as
established by Ordinance No. 99-426, same being the south property line of said Caraway tract of land,
a distance of 591.14 feet to a point at the southwest corner of said Caraway tract of land and being in a
curve to the left, having a central angle of 09 degrees 14 minutes 08 seconds, a radius of 1,534.02 feet,
a chord which bears South 10 degrees 27 minutes 05 seconds East, a distance of 247.00 feet;
THENCE along the arc of said curve and the existing Denton city limits line as established by
Ordinance No. 99-426, also being the west property line of said Caraway tract of land, a distance of
247.26 feet;
THENCE North 14 degrees 58 minutes 40" West continuing along the existing Denton city limits line
as established by Ordinance No. 99-426 and the west property line of said Caraway tract of land and
also being an east line of said Elmer Wayne Stephens tract of land, a distance of 6.30 feet to the
POINT OF BEGINNING and containing in all 3.626 acres of land.
12
Exhibit B
CITY OF DENTON ANNEXATION SERVICE PLAN FOR
A-101 (RYAN ROAD/COUNTRY CLUB ROAD)
I. AREA ANNEXED
The annexation area located in two tracts in the extra -territorial jurisdiction of southwest Denton
contains approximately 672 acres. The annexation area of Tract #1 is located east of U.S. Highway
377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan
Road and mostly north of Brush Creek Road. The annexation area of Tract #2 is located west of
Montecito, south of El Paseo and east of Santa Monica. See Attachment #1.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Section 43.021, 43.065 and 43.065(b)-(o)(Vemon Supp. 2000). Municipal facilities and services
to the annexed area described above will be provided or made available on behalf of the city in
accordance with the following schedule:
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. POLICE, CODE ENFORCEMENT AND ANIMAL CONTROL SERVICES
The entire complement of Police, Code Enforcement and Animal Control services will be
provided on the effective date of the annexation. The City 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 with topography,
land use and population density similar to those reasonably contemplated or projected in the area.
The Police Department will be able to provide appropriate service to this area immediately upon
annexation. The immediate impact of the annexation will be addressed by the police department
without additional resources, due to the primarily undeveloped condition of the area. The Police
Department already provides service to neighborhoods that directly surround the proposed
annexation area. As the population grows and more land is developed, additional staffing will be
deployed to maintain a consistent level of service.
The Denton Police Department employs a policing philosophy known as Community Oriented
Policing Services (C.O.P.S.), wherein, the mission is to positively impact the quality of life
throughout the community. To achieve these ends, the department is committed to forming
practical partnerships with the citizenry, which includes a mutual goal setting process aimed at
resolving problems, reducing fear, preserving the peace and enforcing the law; thereby, providing
for a safe environment for all citizens. The primary goal is to provide a system of delivering
police services to neighborhoods based on three basic elements:
➢ Consultation
➢ Adaptation
➢ Mobilization
Implementation of these three elements provides for structuring service delivery in a way that
reinforces the strengths of neighborhoods, whereby it involves the community in all policing
13
activities that directly impact the quality of community life. Neighborhood officers are the link
between citizens and the management of the organization and take the initiative to seek and
collect information/ideas from average law abiding citizens. Through these activities, the
officers are better informed about what the citizens want in the way of police service in their
respective neighborhood and plans are adopted to implement those services. This system of
service delivery has been nationally recognized via two National League of Cities awards for
"Innovative Police Services Programming". Those awards were received in 1994 and 1997.
The Police Department offers a Citizens Police Academy that was launched in the fall of 1992. It
is specifically intended to involve residents in policing through a curriculum designed to acquaint
participants with the entire police operation, thus providing a clearer understanding of what the
police and other associated services in their community can do for them. Additionally, the
department offers a Citizen Youth Academy with much the same focus, except it is directed
toward youth ages 15 to 18.
Many other programs are offered, such as, the H.E.A.T. (Help End Auto Theft) program,
S.C.A.M.S. (Senior Citizens Against Money Scams) presentations and various Crime Prevention
surveys, just to name a few.
B. FIRE AND EMERGENCY MEDICAL SERVICES
Fire protection and emergency medical services will be provided on the effective date of the
annexation using existing Denton Fire Department personnel and equipment. Also, a mutual aid
agreement with the Argyle Volunteer Fire Department currently exists. The City 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 with
topography, land use and population density similar to those reasonably contemplated or
projected in the area. Denton Fire Department services immediately available include:
• Fire suppression/rescue response = minimum staffing level of 33 firefighters 365 days a
year/24 hours per day operating from 6 fire stations = 4 engine companies, 2 quint engine
companies, 1 truck company, 4 medic ambulances and 1 Battalion Chief.
■ Emergency medical services at Advance Life Support (ALS) level = all fire engines have a
paramedic and paramedic equipment — The City has 4 fully staffed paramedic ambulances
with 2 reserve ambulances that can be staffed by an engine company.
■ Voluntary home fire prevention inspections
■ Swift water rescue team and equipment
• Urban search and rescue team and equipment
• Heavy rescue team and equipment
■ Hazardous material response
■ Fire prevention and education program = clown program and fire safety trailer
■ Victim support program
■ CPR/First aid training for citizens
■ Emergency management program for disaster preparedness.
14
Fire Protection and Prevention
1. Initially, fire protection will be provided by Station #3 at 1204 McCormick and Station #6
at 3232 Teasley Lane. Depending on the type of emergency, additional equipment will be
required. For example, a structural fire requires 3 engine companies, 1 truck company, a
Battalion Chief, an ambulance, and a Fire Marshal for an initial response.
2. The Fire Department's emergency response time to this annexation will exceed the Fire
Department's five-year Strategic Plan's goal of a 4-minute response time to City residents
80% of the time. However, the Denton Fire, Department's response to this annexation
area will still substantially improve the current level of fire protection and emergency
medical care.
3. The Fire Department Strategic Plan recommends two new fire stations in this area in
order to maintain the same level of service provided to other areas of the City of Denton.
The Fire Department Strategic Plan calls for new fire stations located in the vicinity of
Brush Creek Road and US 377, and in the FM 2449 / I-35 W area. These new fire
stations will allow for an acceptable 4-minute response time in 80% of the emergencies.
The FM 2449 / 1-35W station (#7) is being actively pursued at the present time, and is
budgeted for Fiscal Year 2002-03, unless circumstances exist beyond the control of the
city. Station #8 will be programmed as conditions warrant, depending on new
development and population growth.
4. Other areas within existing city boundaries do not meet the 4-minute response time goal
and are similar in duration to the expected response times to this annexation. Improving
future response times to these areas are also addressed by the Fire Department's Strategic
Plan.
5. The City of Denton is close to signing an automatic aid agreement with the City of Fort
Worth Fire Department for brush fire response into this area along with structure
firefighting.
6. No automatic aid agreements with Argyle Volunteer Fire Department currently exist with
the City of Denton. Through a mutual aid agreement, fire protection responses are
provided on an as -needed basis, and the sharing of manpower and equipment is
coordinated by the on -scene commander of the affected jurisdiction. Automatic aid with
any surrounding volunteer fire department would not achieve the same level of service as
the rest of the City of Denton due to the nature of a volunteer fire department. Volunteer
fire departments are not sufficiently staffed and ready at a moment's notice as compared
to a fully paid fire department as exists in the City of Denton.
Emergency Medical Services
Emergency Medical Services will be provided immediately on the effective date of the
annexation using existing Denton Fire Department personnel and equipment. The annexation
tracts currently do not have dedicated EMS ambulances or personnel that serve the existing
population.
15
C. ROADS AND STREETS
Maintenance of roads and streets in the area to be annexed will be made available on the effective
date of the annexation. The City 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 with topography, land use and population density
similar to those reasonably contemplated or projected in the area.
Maintenance of Roads and Streets
1. An inventory of existing roads within in the subject area, including immediate and long-
term maintenance and construction needs, is attached as Attachment "2".
2. The City of Denton currently maintains 335 miles of road. The subject area currently
contains 2.7 miles of public roads that are maintained by the County. These roadways
would become the City of Denton's responsibility immediately upon annexation. No new
equipment or facilities would be required to serve the area.
3. Based on a projected population of 8,000 residents, and assuming there will be additional
roads constructed as property develops, it is anticipated that additional personnel will be
required in order to maintain current levels of service at full development. Additional
equipment for the street crew would include a dump truck, backhoe and miscellaneous
field supplies totaling $300,000.00. These resources would not be needed until the area
becomes more fully developed.
D. STREET LIGHTING
Street lighting will be available on the effective date of the annexation. The City 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 with
topography, land use and population density similar to those reasonably contemplated or projected
in the area.
E. PARKS AND RECREATION SERVICES
If any city park and recreation facilities are located within the annexed area, the maintenance will
begin on the effective date of the annexation. The City 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 with topography,
land use and population density similar to those reasonably contemplated or projected in the area.
No parks are currently located within the proposed annexation area. The closest Denton
neighborhood park properties are the undeveloped Cross Timbers Park and Bent Creek Park,
which are adjacent to the annexation area. Southlakes Park, located at Hobson at Santa Monica
(approximately 1.2 miles away) and Denia Park, located at 1001 Parvin (approximately 1 mile
away) are community parks located within reasonably close distance of the annexation tracts.
Current residents will be able to use existing City of Denton parks, facilities and programs.
Parks and Recreation Facilities
The current 2000 Parks and Recreation Master Plan indicates a need for a community park in
this general area. Population projections indicate a build -out population of 8,000 people living
in 3,000 housing units. Based on service standards set in the Park and Recreation Master Plan,
16
an estimated 20 acres of new parkland will be needed for neighborhood parks. Since the Parks
and Recreation Master Plan indicates a need for a Community Park, a minimum of 30 acres
will be necessary for such a facility, which would not be completed until near the time of area
build -out. Neighborhood parks are currently supported by the Park Dedication Ordinance,
which requires development exactions for land and improvements. Taxpayers share the costs
of community parks on a citywide basis, typically through capital improvements programming.
F. LIBRARY SERVICES
Library services will be made available on the effective date of the annexation on the same basis
and at the same level as similar facilities are maintained throughout the city. The closest library
facility to the annexation tracts is the South Branch Library, located on FM 2181, near the
intersection of FM 2181 and Wind River Drive.
G. BUILDING INSPECTIONS AND CONSUMER HEALTH SERVICES
Building inspections and consumer health services will be made available on the effective date of the
annexation on the same basis and at the same level as similar facilities are maintained throughout the
city. Both services are provided on a "cost recovery" basis, and permit fees are used to offset the costs
of services delivered.
H. PLANNING AND DEVELOPMENT SERVICES
Planning and Development Department services will be made available on the effective date of
the annexation on the same basis and at the same level as similar facilities are maintained
throughout the city. The Planning and Development Department currently provides services to
the annexation tracts by way of administration of Chapter 34 of the Code of Ordinances,
Subdivision and Land Development Regulations.
City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance
99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its
ETJ, and the subject tracts contain a Community Mixed Use Center, Neighborhood Centers,
Existing Neighborhoods / hifill Compatibility Areas, and 100 Year Floodplain / Environmentally
Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity
of growth by organizing the land use patterns, by matching land use intensity with available
infrastructure, and by preserving floodplains as environmental and open space corridors. The
Denton Plan will be used as a basis for final zoning classifications after the properties are
annexed.
IV. UTILITY (RATEPAYER) SERVICES
A. SOLID WASTE SERVICES
The City of Denton Solid Waste Department is the exclusive residential and commercial solid
waste service provider in the City. The Department is an entirely fee based operation and receives
no resources from taxes. The current residential solid waste rate is $16 per month for twice per
week pick-up. Commercial rates vary depending upon the scope of service provided. Solid waste
collection service will be provided to the property on the effective date of the annexation. The
City of Denton Solid Waste Department will honor existing contracts with private solid waste
service providers for two years after the effective date of this annexation in accordance with Texas
Local Government Code, Section 43.056(o) (Vernon Supp.2000). To receive solid waste
17
collection service the customer must contact a City of Denton Customer Service Office and
submit a request / application for service.
Solid Waste Collection
Existing development in the area can be adequately served with resources provided in the
fiscal year 2001 budget with no appreciable impact upon those resources. Future impact will
be determined by the rate of growth. For automated residential systems an additional
residential route is needed for every 800-1000 dwellings. The city proposes to serve this area
with automated residential collection using roll -out carts when such a route is extended into
the annexation area.
B. WATER AND WASTEWATER SERVICES
Maintenance of existing City of Denton 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 continued to be
maintained immediately on the effective date of the annexation. The majority of the area to be
annexed is provided water by either a private water well or the Argyle Water Supply Corporation,
and a private wastewater system. The City 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 with topography, land use and
population density similar to those reasonably contemplated or projected in the area.
Maintenance of Water and Wastewater Facilities
The city's Water Master Plan includes a 20-inch water main along US Highway 377. The
proposed annexation areas can and most likely will be served by tapping into this 20-inch line.
The Master Plan also includes a 12-inch water line along Country Club Road and Hickory
Creek Road. The impact of annexation and development of the subject tract can be
accommodated by the US Highway 377 Water Line. The City of Denton will be the retail
provider of water utility service for all future developments in the area since they will be
annexed into the City limits and lie within Denton's CCN for water utility service. No
additional equipment will be needed for water to serve the annexation area.
The Wastewater Distribution System Master Plan shows the Roark Branch Sewer Line that will tie
into the existing Hickory Creek Interceptor (See Attachment "3'). The only existing City of
Denton utility line that lies within the proposed annexation area is the Hickory Creek Interceptor
sewer line. The impact of annexation and development of the subject tract can be accommodated
by the programmed Graveyard Branch Interceptor that will be installed in the southern portion of
the annexation tract, and the Hickory Creek Interceptor. The City of Denton will be the retail
provider of wastewater utility service for all future developments in the area since they will be
annexed into the City limits and lie within Denton's CCN for wastewater utility service. No
additional equipment will be needed for wastewater to serve the annexation area.
C. DRAINAGE SERVICES
Drainage maintenance will be provided on the effective date of the annexation. The City 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
with topography, land use and population density similar to those reasonably contemplated or
projected in the area.
18
Drainage Services
1. Annexation of this area includes subdivisions that may be poorly drained. Some areas
could be substandard and susceptible to flooding. Major channel or storm drain systems
may be required. Correction of these problems will require expenditure of City funds.
2. Provision of drainage services is currently funded by water and wastewater ratepayers.
As development occurs, and sewer or water service is extended to these areas, funding
will become available to provide drainage maintenance.
3. Easements may be necessary to provide adequate drainage.
4. This area contains creeks that do not have a detailed flood study. The Master Drainage
Plan Update will include these properties, if annexed, as part of a detailed flood study.
5. Areas currently experiencing moderate to severe erosion may require eventual repair.
6. New subdivisions would be subject to the City's Drainage Criteria, subdivision
regulations, and interim regulations. Areas along Ryan Road and Country Club Road
contain properties in the 100-year floodplain. Approximately 475 acres lie within the
100-year floodplain. In addition, this area contains designated Environmentally
Sensitive Areas. The majority of the floodplain has a contributing drainage area of
greater that one square mile. The proposed development code will essentially prohibit
any disturbance of the floodplain and environmentally sensitive areas in these areas,
allowing limited density transfers. Structures, parking lots, fill, excavation, land
disturbance, fences, decks, pools, and other aboveground manmade structures will be
prohibited in the floodplain.
D. ELECTRIC SERVICES
Denton Municipal Electric is certified by the state and is obligated to provide electric utility
service to the entire annexation area should a request be made by a property owner. Other electric
service providers are also certified to provide electric utility service within the annexation tracts,
and customers may elect to choose the electric company they prefer. Electric utility service will
be made available on the effective date of the annexation on the same basis and at the same level
as similar facilities are maintained throughout the city. Electric service to properties within the
annexation tracts will be able to continue without disruption for any customer currently receiving
such service.
Denton Municipal Electric has existing facilities in the Ryan / Country Club Annexation Area.
The 138 kV transmission line crosses the annexation area. Distribution facilities are on US 377,
Ryan Road, Country Club Road, and Hickory Creek Road.
Denton Municipal Electric plans to build two substations: one on US 377 and the other at Teasley
Lane and Hickory Creek Road.
V. OTHER SERVICES
Other services that may be provided by the city such as municipal and general administration will be
made available on the effective date of the annexation. The City shall provide a level of services,
19
infrastructure and infrastructure maintenance that is comparable to the level of services, infrastructure
and infrastructure maintenance available in other parts of the city with topography, land use and
population density similar to those reasonably contemplated or projected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
Construction of additional water, sewer, street and drainage facilities will begin within two and a half
(2 ''/2) years unless certain services can not be reasonably provided within that period. If certain
services cannot be reasonably provided, the city will provide those services within 4 and a half (4 %a)
years after the effective date of the annexation. Construction will be completed within four and one-
half (4 ''/2) years after the effective date of the annexation unless the construction process is interrupted
by circumstances beyond the control of the city. Construction of other capital improvements shall be
considered by the city in the future as the needs dictate on the same basis as such capital improvements
are considered throughout the city.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the city to provide a uniform level of full municipal services to each
area of the city, including the annexed area, if different characteristics of topography, land use, and
population density are considered a sufficient basis for providing different levels of service.
VIII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the
discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to the changed conditions or subsequent occurrences
pursuant to Texas Local Government Code, Section 43.056. (Vernon Supp. 2000)
X. EXHIBITS
Attachment 1: Annexation Tracts Location Map
Attachment 2: Roadway Inventory
Attachment 3: Water & Wastewater Facilities
20
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ATTACHMENT 3
Legend
Developments
Burch Tract
Ryan Tract
Tfie•Hills of Argy
® The Vintage
.I; srEracevaaxr
-�.: Semiine W+hruv
Weatherford Tra
Annexation Areas
37 7&35 �u
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S Priority.
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—' -� Proposed Line
SYEMCIPPROJECT C .a�l .'a�� �.
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WATER ANNEXATION AREAS -
.Legend
Developments
Burch Tract
Ryan Tract
The Hills of Argyle -
The Vintage
Weatherford Tract
Annexation Areas
377 & 35
Ryan & 1830
Priority
Proposed Line
V� PIA% M6
Nast EP h
0 0.5 1
OMMOMMEM=== Miles
)N AREA'S' -'SERVICE PLAN
NEVFNUEPROJCtP
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SEWER
RESTRICTIVE COVENANTS
STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON }
�/� tVIESE Restrictive Covenants ("Restrictive Covenants") are made and entered into as of
the /! day of LLG L- 2001, by and between the CITY OF DENTON, TEXAS
(the "City") and the hereinafterUnentioned owners of the hereinafter described real property in
Denton County, Texas:
a. CONNIE ANN CARDWELL ("Cardwell'), owner of three parcels or tracts of
land containing approximately 14.5924 acres, 15.7998 acres, and 0.3847 acres of
land, respectively, located in the M. Rogers Survey, Abstract No. 1080, the
Britton Survey, Abstract No. 51, and the J. Withers Survey, Abstract No. 1343 in
Denton County, Texas as more particularly described as Tracts 3 and 4 in Exhibit
"B" of that certain Partition Deed dated July 31, 1992 between Connie Ann
Cardwell and Tommie Dale Calvert recorded in Volume 3318, Pages 908-914 of
the Deed Records of Denton County, Texas and that certain Warranty Deed dated
August 26, 1992 from Rachael Belle Calvert, Individually and as Independent
Executrix of the Estate of William Thomas Calvert, Deceased, to Connie Ann
Cardwell recorded in Volume 3318, Pages 919-922 of the Deed Records of
Denton County, Texas ("Cardwell Property").
b. TOMMIE DALE CALVERT ("T. Calvert"), owner of three parcels or tracts of
land containing approximately 14.5923 acres, 15.7998 acres, and 0.3849 acres of
land, respectively, located in the M. Rogers Survey, Abstract No. 1080, the
Britton Survey, Abstract No. 51, and the J. Withers Survey, Abstract No. 1343 in
Denton County, Texas as more particularly described as Tracts 1 and 2 in Exhibit
"A" of that certain Partition Deed dated July 31, 1992 between Connie Ann
Cardwell and Tommie Dale Calvert recorded in Volume 3318, Pages 908-914 of
the Deed Records of Denton County, Texas and that certain Warranty Deed dated
August 26, 1992 from Rachael Belle Calvert, Individually and as Independent
Executrix of the Estate of William Thomas Calvert, Deceased, to Tommie Dale
Calvert recorded in Volume 3318, Pages 915-918 of the Deed Records of Denton
County, Texas ("T. Calvert Property").
C. RACHEL CALVERT ("R. Calvert"), owner of an approximate 5.000 acre parcel
or tract of land located in the M. Rogers Survey, Abstract No. 1080 in Denton
County, Texas as more particularly described in that certain Warranty Deed dated
May 11, 1964 from E.D. Calvert and wife, Beatrice Calvert to W. Thomas Calvert
and wife, Rachel Calvert recorded in Volume 509, Pages 581-582 of the Deed
Records of Denton County, Texas ("R. Calvert Property").
d. E.D. CALVERT, JR. ("E.D. Calvert"), owner of an approximate 2.61 acre parcel
or tract of land located in the M. Rogers Survey, Abstract No. 1080 in Denton
County, Texas as more particularly described in that certain Warranty Deed dated
September 28, 1984 from Beatrice Calvert to E.D. Calvert, Jr. and William
Thomas Calvert recorded in Volume 1496, Pages 921-924 of the Deed Records
of Denton County, Texas ("E.D. Calvert Property").
e. CALVERT PAVING CORP. ("Calvert Paving"), owner of four parcels or tracts
of land containing approximately 10.000, 10.464 acres, 60.800 acres and 5.000
acres of land, respectively, located in the J. W. Withers Survey, Abstract No.
1343, M. Rogers Survey, Abstract No. 1080, and n. Britton Survey, Abstract No.
51 in Denton County, Texas as more particularly described in that certain General
Warranty Deed dated March 24, 1987 from Earnest Dewey Calvert, Jr. and
Dorothy Mae Calvert to Calvert Paving Corp. recorded in Volume 2115, Pages
425-428 of the Deed Records of the Denton County, Texas and in that certain
deed recorded in Volume 1719, Page 924 of the Deed Records of Denton County
("Calvert Paving Property").
f. WALTER LEATHERWOOD ("Leatherwood"), owner of five parcels or tracts of
land located in the John Rogers Survey, Abstract No. 1084 in Denton County,
Texas as more particularly described in that certain Warranty Deed dated July 1,
1963 from M.M. Stuart and wife, Clay Henrietta Stuart to Ranch Walter Thomas
Leatherwood and Thomas Jack Robertson recorded in Volume 496, Pages 241-
243 of the Deed Records of Denton County, Texas ("Leatherwood Property").
(Cardwell, T. Calvert, R. Calvert, E&W Calvert, Calvert Paving, and
Leatherwood are hereinafter collectively called the "Property Owners". The term
Property Owners or Property Owner includes their heirs, successors and assigns,
and all future owners of any portion of the Property. The Cardwell Property, T.
Calvert Property, R. Calvert Property, E&W Calvert Property, Calvert Paving
Property, and Weatherford Property are hereinafter collectively called the
"Property".)
WHEREAS, the City has initiated the involuntary annexation of certain real property
including the Property, pursuant to Annexation Case A-101, "Ryan Road/Country Club Road
Annexation Area (the "Annexation Case"); and
WHEREAS, the Property Owners have requested that the Property be deleted from the
Annexation Case, in exchange for which they have agreed to enter into these Restrictive
Covenants for the benefit of each other and the City.
NOW THEREFORE, in consideration of the covenants contained in these Restrictive
Covenants, the City and Property Owners agree as follows:
1. The Property Owners hereby declare that all of the Property shall be held, sold
and conveyed subject to these Restrictive Covenants, which are for the purpose of protecting the
value and desirability of, and which shall run with the Property and be binding on all parties
having any right, title or interest in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each Property Owner and the City.
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2. The Property Owners covenant and agree with each other and the City that they
will not file for plat approval on their respective properties until such property has been annexed
into the City. Such annexations shall be considered voluntary requests for annexation. The
Property Owners and all of their heirs, successors and assigns covenant and agree that such
annexation is voluntarily made and shall be considered to be by petition of the owners of the
Property at the time of such annexation. Plat approval is defined as any plat approval authorized
by Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. The
City is a third party beneficiary of the covenants between the Property Owners.
3. Based on these Restrictive Covenants the City has agreed to delete the Property
from the Annexation Case.
4. Any person who sells or conveys any portion of the Property shall prior to such
sale or conveyance give separate written notice of these Restrictive Covenants to the prospective
purchaser or grantee, along with a separate notice to the City including a copy of such written
notice. Notice to the City shall be addressed as follows:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
5. These Restrictive Covenants are to run with the land described herein as the
Property and shall be binding on all parties and all persons claiming under them, and any future
owners of the Property for a period of thirty years from the date these Restrictive Covenants are
recorded. These Restrictive Covenants shall not be amended without the prior written consent of
the City.
6. These Restrictive Covenants may be enforced by any Property Owner or the City
by any proceeding at law or in equity. Failure by any Property Owner or the City to enforce any
covenant shall in no event be deemed a waiver of the right to do so thereafter.
7. Invalidation of any of the covenants or provisions contained in this instrument by
judgment or court order shall not in any manner affect any of the other covenants or provisions
herein set forth and all such remaining provisions shall remain in full force and effect.
8. No subsequent change in the law shall in anyway affect the validity or
enforceability of these Restrictive Covenants.
9. This instrument may be separately executed in any number of individual
counterparts, and such counterpart signatures, when assembled together, shall constitute one and
the same instrument.
The parties hereto have executed these Restrictive Covenants as of the date first above
written.
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CITY OF DENTON, TEXAS
BY:
Euline Brock, Mayor
ATTEST:
JenfferK. Walters
City Secretary
APPROVED AS TO FORM:
HER13ERT I .-�ROUTY, CjsiY ATTORNEY
STATE OF TEXAS
COUNTY OF DENTON
CONNIE ANN CARQD, WELL
OMMIE DALE CALVERT
RACHEL CALVERT
E.D. CALVERT, JR.
CALVERT PAVING CORP.
BY: �� - P - c_—
PRESIDENT
Ze
WALTER LEATHERWOOD
ACKNOWLEDGMENTS
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This instrument was acknowledged before me on the day of :?O U /
by Connie Ann Cardwell.
TONI REEDY
of Public, in and for a ate of Texas
CNOTARY PUBLIC My Commission expires:
STATE OF TEXAS
ommission Expires 3-21-2002
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 0 day of
by Tommie Dale Calvert.
6:591
KNotary Public, in and for the Stateof Texas "20oI My Commission expires:—-3cx�,
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the I T"'day of ZLe,
by Rachel Calvert.
�,+Es`Y' CHRIONE A. DICK l J�r�'� •�tl � �.I Y�—
Notary Publio Notary Public, in and for the State of Texas
Mfg of Texas
�"'. e. ,��? Comm Expires 3.2.2WI
My Commission expires:
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the-46 day of U
by E.D. Calvert, Jr.
Not
Public, in an fo the State of Texas
TONI REEDY
�j NOTARY PUBLIC My Commission expires:. of I " 1�
(� STATE OF TEXAS
Commission Expires 3-21-2002
Page 5
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STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on thej(-day o o �oG V
by !�!. 0. (�,j , President of Calvert Paving Corp., beh of said corporation.
Public, in'and fo,{theNate of Texas
My Commission expires: 3 .D1 / C
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the V )day of3� t ti yc j
�y Poe CHRISTINE A. DICK
t N�. Notary Public Notary Public, in and for the State of Texas
y, ,Y State of Texas
Comm. Expires 3-2-2001
My Commission expires:
TATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on thnfs
y of `�dW64—X 204 by Euline
Brock, Mayor of the City of Denton, Texas, on behalcity_
ANN FORSYTHE
NotaryPublic, State of Texas
Myy Commission Expires
„enig' MAY 9, 2002
Notary Public, in and for the69tate of Texas
My Commission expires: D �/ 0 Z
RETURN TO:
City of Denton
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
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