HomeMy WebLinkAbout2001-451ORDINANCE NO O
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
2,194 ACMES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED SOUTH OF FM 2449, WEST OF I-35 WEST, NORTH OF ROBSON
RANCH ROAD AND PARTIALLY EAST OF THE ROBSON RANCH DEVELOPMENT
AND JOHN PAINE ROAD E PIZANO SURVEY, ABSTRACT NUMBER 994, THE G
PETTING IALE SURVEY, ABSTRACT NUMBER 1041, THE J TAFT SURVEY, ABSTRACT
NUMBED 1269, THE B B B & C R R SURVEY, ABSTRACT NUMBER 158, THE S
PRITCHETT SURVEY, ABSTRACT NUMBER 1021, THE G WEST SURVEY, ABSTRACT
NUMBER 1393, THE J DALTON SURVEY, ABSTRACT NUMBER 353, AND THE S
PRITCHETT SURVEY, ABSTRACT NUMBER 1004, AND THE I BYERLY SURVEY,
ABSTRACT NUMBER 1458, AND THE J DALTON SURVEY, ABSTRACT NUMBER 353
AND ALSO BEING A PART OF A TRACT OF LAND CONVEYED TO PETRUS
INVESTMENT, L P BY DEED AS RECORDED BY COUNTY CLERK'S FILE NUMBER
99-01174�0, TRACTS I & III, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
AND BEING A PART OF A TRACT OF LAND CONVEYED TO GELIA ESTES COLEMAN
BY DEEP AS RECORDED BY COUNTY CLERK'S FILE NUMBER 00-0000573, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN
FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND
PROVIDING AN EFFECTIVE DATE (AO 1-0005)
W EREAS, the property owner has petitioned for the annexation of approximately 2194
acres of land described herein, and
WEREAS, on September 12, 2001, the Planning and Zoning Commission
recommended approval of the petition for annexation, and
WHEREAS, public hearings were held in the Council Chambers on September 4, 2001,
and September 18, 2001, (both days being on or after the 201h day but before the 40`h day before
the date of the institution of the proceedings) to allow all interested persons to state their views
and present evidence bearing upon this annexation, and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council on October 9, 2001, and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on October 13, 2001, after annexation proceedings were instituted and 30
days prior to City Council taking final action, as required by City Charter, and
Page 1 of 10
WHEREAS, the City Council finds that the annexation will allow the city to ensure
development consistent with The Denton Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The tract of land described in Exhibit "A", attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas
SECTION 2 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 The service plan was made available for public inspection and
explanation to the inhabitants of the area being annexed at the above described public hearings
SECTION 3 Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton all the real property described in
Exhibit "A" regardless of whether any other part of the described property is hereby effectively
annexed to the City If any part of the real property annexed is already included within the city
limits of the City of Denton or within the limits of any other city, town or village, or is not within
the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory
annexed as fully as if the excluded area were expressly described in this ordinance
SECTION 4 This ordinance shall become effective immediately upon its passage and
approval PASSED AND APPROVED this the o� q
—, ay of )ZH, 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
./ �.�,l�l
APPROVED AS TO LEGAOL FORM
HERBERT L—PROUTY ITY ATTORNEY
m
Page 2 of 10
EXHIBIT "A"
The property is generally located in the southwestern section of the City of Denton The
property is bounded on the north by F M 2499 and on the south by Ed Robson Boulevard
(formerly known as Crawford Road) and on the east by an approximate 320 foot wide strip of
land in the City Limits on the west side Interstate 35 W and on the west partially by John Paine
Road and the Robson Ranch Development
More particularly 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 E Pizano Survey, Abstract Number 994, the G
Pettingale Survey, Abstract Number 1041, the J Taft Survey, Abstract Number 1269, the B B B
& C R R Survey, Abstract Number 158, the S Pritchett Survey, Abstract Number 1021, the G
West Survey, Abstract Number 1393, the J Dalton Survey, Abstract Number 353, and the S
Pritchett Survey, Abstract Number 1004, and the I Byerly Survey, Abstract Number 1458, and
the J Dalton Survey, Abstract Number 353 and also being a part of a tract of land conveyed to
Pettus Investment, L P by deed as recorded by County Clerk's File Number 99-0117450, Tracts
I & III, Real Property Records, Denton County, Texas, and being more particularly described as
follows
BEGINNING at a point in the existing northern right of way line of Farm -to -Market 2449
(herein after referred to as "F M 2449") and the present Denton city limits as established by the
west line of Ordinance No 91-033, Tract IV, and also being in the south line of said Pettus,
Tract I tract of land,
THENCE South 00 degrees 05 minutes 11 seconds West crossing said F M 2449 for a distance
of 113 39 feet to a point in the existing southern right of way line of said F M 2449 and the
present Denton city limits as established by the west line of Ordinance No 91-033, Tract V, and
also being in the most northerly north line of said Pettus, Tract I tract of land,
THENCE South 00 degrees 05 minutes 31 seconds West along the present Denton city limits as
established by Ordinance No 91-033, Tract V and the most easterly east line of said Pettus,
Tract I tract of land for a distance of 1,357 72 feet to a point in the present Denton city limits as
established by the west line of Ordinance No 91-033, Tract V, and the present Denton city limits
as established by Ordinance No 69-40, Tract II, same point being 500 feet perpendicular to the
centerline of Interstate 35-W,
THENCE South 26 degrees 51 minutes 40 seconds West along the present Denton city limits as
established by Ordinance No 69-40, Tract II, and being parallel to and 500 feet perpendicular to
the centerline of Interstate 35-W for a distance of 8,922 60 feet to an angle point,
THENCE South 29 degrees 55 minutes 51 seconds West continuing along the present Denton
city limits as established by Ordinance No 69-40, Tract II, and being parallel to and 500 feet
perpendicular to the centerline of Interstate 35-W for a distance of 5,234 02 feet to a point in the
common property line of said Petrus, Tract I tract of land a tract of land conveyed to Gelia Estes
Coleman by deed as recorded by County Clerk's File Number 00-0000573, Real Property
Records, Denton County, Texas,
Page 3 of 10
THENCE North 00 degrees 09 minutes 01 seconds East along the common property line of said
Petrus, Tract I tract of land and said Coleman tract of land for a distance of 994 54 feet to the
northeast Corner of said Coleman tract of land,
THENCE North 89 degrees 46 minutes 33 seconds West continuing along the common property
line of said Petrus, Tract I tract of land and said Coleman tract of land for a distance of 723 01
feet to the northwest corner of said Coleman tract of land,
THENCE South 00 degrees 14 minutes 41 seconds West continuing along the common property
line of said Petrus, Tract I tract of land and said Coleman tract of land for a distance of 1,428 17
feet to a point in the present Denton city limits as established by Ordinance No 99-221, said
point being 1000 00 feet parallel of and perpendicular to the existing north right of way line of
Crawford Road, a public road,
THENCE North 89 degrees 32 minutes 57 seconds West along the present Denton city limits as
established by Ordinance No 99-221, said city limit line being 1000 00 feet parallel of and
perpendicular to the existing north right of way line of said Crawford Road for a distance of
5,230 71 feet to the west line of the said E Pizano Survey, Abstract Number 994 and the east
line of the M Scurlock Survey, Abstract Number 1141, and being the present Denton city limits
as established by Ordinance No 99-220 and also being in a west property line of said Petrus,
Tract I tract of land,
THENCE North 00 degrees 04 minutes 29 seconds West along the west line of the said E Pizano
Survey, Abstract Number 994 and the east line of the M Scurlock Survey, Abstract Number
1141, and being the present Denton city limits as established by Ordinance No 99-220 and also
being a west property line of said Petrus, Tract I tract of land for a distance of 2,319 92 feet to an
angle point,
THENCE North 00 degrees 04 minutes 29 seconds East continuing along the west line of the
said E Pizano Survey, Abstract Number 994 and the east line of the M Scurlock Survey,
Abstract Number 1141, and being the present Denton city limits as established by Ordinance No
99-220 and a west property line of said Petrus, Tract I tract of land for a distance of 3,074 86 feet
to an angle point in the north line of the said M Scurlock Survey, Abstract Number 1141 and the
most southerly south line of the G Pettingale Survey, Abstract Number 1041,
THENCE North 89 degrees 35 minutes 40 seconds West continuing along the present Denton
city limits as established by Ordinance No 99-220 and the property line of said Petrus, Tract I
tract of land, and also being the north line of the said M Scurlock Survey, Abstract Number
1141 and the most southerly south line of the G Pettingale Survey, Abstract Number 1041 for a
distance of 1,215 55 feet to an angle point in the west line of the said G Pettingale Survey,
Abstract Number 1041 and the east line of the J H Paine Survey, Abstract Number 1617,
THENCE North 00 degrees 40 minutes 51 seconds East continuing along the present Denton city
limits as established by Ordinance No 99-220 and a west property line of said Petrus, Tract I
tract of land, and also being the west line of the G Pettingale Survey, Abstract Number 1041,
Page 4 of 10
and the east line of the J H Paine Survey, Abstract Number 1041 for a distance of 3,802 57 feet
to the most southerly north property line of said Petrus, Tract I, tract of land,
THENCE South 89 degrees 39 minutes 42 seconds East along the most southerly north property
line of said Petrus, Tract I tract of land for a distance of 5,806 06 feet to an angle point,
THENCE North 01 degrees 51 minutes 13 seconds East continuing along the most southerly
north property line of said Petrus, Tract I tract of land for a distance of 92 21 feet to an angle
point,
THENCE South 89 degrees 56 minutes 51 seconds East continuing along the most southerly
north property line of said Petrus, Tract I tract of land for a distance of 5,438 70 feet to a point in
the existing eastern right of way line of John Paine Road, a public road,
THENCE North 00 degrees 24 minutes 24 seconds East along the existing eastern right of way
line of said John Paine Road for a distance of 6,152 13 feet to a point in the most easterly west
property line of said Petrus, Tract I tract of land,
THENCE North 44 degrees 41 minutes 34 seconds East along the most easterly west property
line of said Petrus, Tract I tract of land for a distance of 185 77 feet to a point in the north
property line of said Petrus, Tract I tract of land and the existing southern right of way line of
F M 2449,
THENCE North 89 degrees 53 minutes 51 seconds East crossing the existing right of way line of
F M 2449 for a distance of 245 46 feet to a point in the existing northern right of way line of
F M 2449 and being the southwest property corner said Petrus, Tract III tract of land,
THENCE North 00 degrees 17 minutes 18 seconds East along the most westerly west property
line of said Petrus, Tract III tract of land for a distance of 75 50 feet to a lying in the existing
southern right of way line of Underwood Road, a public road,
THENCE South 89 degrees 42 minutes 00 seconds East along the existing southern right of way
line of said Underwood Road for a distance of 1,017 67 feet to a point in the existing eastern
right of way line of said Underwood Road,
THENCE North 01 degrees 46 minutes 48 seconds East along the existing eastern right of way
line of said Underwood Road for a distance of 1,130 10 feet to a point in the most northerly north
property line of said Petrus, Tract III tract of land and the southern property line of a tract of land
conveyed to William Clinton Lynch and wife, Claudia P Lynch by deed as recorded in Volume
2981, Page 776, Real Property Records, Denton County, Texas,
THENCE South 89 degrees 15 minutes 34 seconds East along the most northerly north property
line of said Petrus, Tract III and the southern property line of said Lynch tract of land for a
distance of 1,817 29 feet to the northeast corner of said Petrus, Tract III tract of land and the
southeast corner of said Lynch tract of land, said point being in the west line of the said S
Pritchett Survey, Abstract Number 1004,
Page 5 of 10
THENCE South 00 degrees 08 minutes 38 seconds West along the most easterly east property
line of said Petrus, Tract III tract of land, also being the west line of the S Pritchett Survey,
Abstract Number 1004 for a distance of 427 73 feet to an angle point lying in the meandermgs of
Hickory Creek,
THENCE �South 38 degrees 01 minutes 02 seconds East continuing along the most easterly east
property line of said Petrus, Tract III tract of land and the meandermgs of said Hickory Creek for
a distance of 256 75 feet to an angle point,
THENCE iSouth 43 degrees 16 minutes 26 seconds East continuing along the most easterly east
property line of said Petrus, Tract III tract of land and the meandermgs of Hickory Creek for a
distance of 563 31 feet to an angle point,
THENCE South 05 degrees 47 minutes 51 seconds West leaving the meandermgs of Hickory
Creek and continuing along the most easterly east property line of said Petrus, Tract III tract of
land for a distance of 256 79 feet to a point in the present Denton city limits as established by
Ordinance No 69-40, Tract Il, said point being parallel and 500 feet perpendicular to the
centerlmelof Interstate 35-W,
THENCE South 26 degrees 51 minutes 40 seconds West along the present Denton city limits as
established by Ordinance No 69-40, Tract and being parallel and 500 feet perpendicular to the
centerline of Interstate 35-W for a distance of 8109 feet to a point in the present Denton city
limits as established by Ordinance No 91-033, Tract IV, same point being in the most northerly
south property line of said Petrus, Tract II tract of land,
THENCEI North 89 degrees 53 minutes 41 seconds West along the present Denton city limits as
established by Ordinance No 91-033, Tract IV and the most northerly south property line of said
Petrus, Tract III tract of land for a distance of 1,245 11 feet to a point in the most westerly east
property line of said Petrus, Tract III tract of land,
THENCE South 00 degrees 04 minutes 56 seconds West continuing along the present Denton
city limits as established by Ordinance No 91-033, Tract IV and the most westerly east property
line of said Petrus, Tract III tract of land for a distance of 997 02 feet to the POINT OF
BEGINNING and containing an area of 2,194 acres of land
Page 6 of 10
EXHIBIT "B"
CITY OF DENTON
DRAFT SERVICE PLAN FOR
A01-0005 (Hunter Ranch)
I. AREA ANNEXED
The annexation area is located in the southwestern portion of Denton's Extraterritorial
Jurisdiction and contains approximately 2,194 acres generally located west of Interstate 35,
south of FM 2449 and north of Robson Ranch Road and partially east of Robson Ranch
Development and John Paine Road
II INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43 021, 43 065, and 43 065(b)-(o) (Vernon 1999, as amended) 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 plan The City shall provide the annexed tract the
levels of service, infrastructure, and infrastructure maintenance that are comparable to the
levels of service, infrastructure, and infrastructure maintenance available in other parts of the
city with similar topography, land use, and population density
III AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, code enforcement and other
routine functions, will be provided to the property upon the effective date of the
annexation using existing personnel and equipment 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
B Fire Protection and Fire Prevention
Fire protection and prevention services will be provided on the effective date of the
annexation using existing Denton Fire Department personnel, equipment, and mutual
aid agreements with Argyle Volunteer Fire Department and Ponder Volunteer Fire
Department 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
Fire station #7, located at FM 2449 and I-35 West is approved in the 2003 Capital
Improvement Program The City of Denton will provide emergency medical services
("EMS")
Page 7 of 10
C Road and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted by
the City of Denton and/or Denton County, shall be maintained by the City of Denton on
the effective date of the annexation Installation and maintenance of street signs, street
lighting and traffic control devices will be maintained by the City of Denton on the
effective date of the annexation
D Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon the effective
date of the annexation according to the 2000 Parks and Recreation Master Plan No
parks are currently located within the proposed annexation area Denton neighborhood
park facilities are located within 4 33 miles of the proposed annexation area Residents
of the proposed annexation area will be able to use existing City of Denton park and
recreation facilities and programs
E 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 library facilities are maintained throughout
the city
F 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 offset the costs of services delivered Incomplete
construction must obtain building permits from the Building Inspections Department of
the City of Denton
G Planning and Development Services
Planning and development Services will be made available on the effective date of the
annexation The Planning and Development Department currently services this
property by way of administration of Chapter 34 of the Code of Ordinances, concerning
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 Neighborhood Centers,
Employment Centers, Community Mixed Use Centers 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 floodplams
as environmental and open space corridors The Denton Plan will be used as a basis for
final zoning classifications after the properties are annexed
Page 8 of 10
IV. UTILITY (RATEPAYER) SERVICES
A Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid waste service
provider in the City The Department is an entirely fee based operation and received no
resources from taxes Solid waste collection service will be provided to the property
upon the effective date of the annexation using existing personnel and equipment
Residents have the option to choose between a private company or service with the City
of Denton The City of Denton Solid Waste Department will honor existing contracts
with private solid waste service providers 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 collection service, the customer must contact the City of
Denton Customer Service Office and submit a request/application for service
Currently the site contains no residences or businesses
B. Water/Wastewater Facilities
The City of Denton has no existing utility lines located within the proposed annexation
area 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 desired water and wastewater service options and the phasing of the improvements
will be determined as a part of the land development and platting process The financial
responsibilities for funding water and wastewater system improvements to serve the
development will be negotiated with the developer and approved by the Denton Public
Utilities Board, Planning and Zoning Commission and City Council
C Drainage Services
Drainage maintenance will be provided to the property upon the effective date of the
annexation The City shall provide a level of drainage 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
D Electrical Services
Denton Municipal Electric is certified by the State and is obligated to provide electric
utility service to the annexation area should a request be made by a property owner
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 Denton Municipal Electric is an electric service provider in this area except for the
area singly certified with CoSERV, which is located at the northwest corner of the
property
Page 9 of 10
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, 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 CAP1(TAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drainage facilities is contemplated
within the annexed area as a result of this annexation because the annexed area on the date of
annexation will have a level of full municipal services equal to other areas within the City
having similar characteristics of topography, land use, and population density Thus, no
construction of public improvements is contemplated as a result of this annexation that would
begin within two and a half (2 %a) years after the effective date of the annexation The City
shall consider construction of other public improvements as the needs dictate on the same basis
as such public improvements are considered throughout the City for areas having similar
characteristics of topography, land use, and population density
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 AM4NDMENTS
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)
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