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HomeMy WebLinkAbout1999-089Pl HARE0NH L`Aat A]8C ORDINANCE NO Qq - 0_ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 114 76 ACRES, LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, NORTHWEST OF MCNAIR ELEMENTARY SCHOOL, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-78) WHEREAS, the City of Denton wishes to extend its City limits line to include the 114 76 acre tract as described in Exhibit A, and WHEREAS, public hearings were held in the Council Chambers on January 5, 1999, and January 19, 1999, 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 February 9, 1999, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and WHEREAS, after a public hearing the City of Denton Planning and Zoning Commission recommended the annexation, and WHEREAS, the City Council finds that the annexation will be in compliance with the 1999 Growth Management Strategies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the tract of land described in Exhibit A, attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION II That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance SECTION III 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 IV That this ordinance shall become effective thirty (30) days from the date of its final passage and publication, and the City Secretary is hereby directed to cause the entire ordinance to be published once and the descriptive caption to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the6�day of A&L/0 , 1999 JACK 2", ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT A 114.760 Acres FIELD NOTES to all certain tract of land situated in the N. Britton Survey Abstract Number 51, City of Denton, Denton County, Texas and being all of the called 116.7 acre tract described in the deed from Charles N. Ryan at ux recorded in Volume 1559, Page 39 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Southwest corner of the tract being described herein, at an iron rod found at the Southeast corner of the called 5 acre tract described in the deed from E. D. Calvert et ux to N. Thomas Calvert at ux recorded in Volume 509, Page 501 of the Deed Records of Denton County, Texas in Hickory Creek Road on the South line of said survey; THENCE North 00 Degrees 06 Minutes 58 Seconds East generally along a wire fence with the Nest line of the 116.7 acre tract a distance of 2583.68 feet to a 1/2 inch rod set at a fence corner post at the Northeast corner of Calvert tract; THENCE South 88 Degrees 58 Minutes 20 Seconds Nest along a fence a distance of 48.53 feet to a 1-1/2 inch iron pipe found at the most Southerly Southeast corner of a called 65.504 Acre Tract One described in the deed from Shelton Ryan and Phoebe Higgenbotham to Wayne S. Ryan recorded in Volume 2522, Page 898 of the said Real Property Records; THENCE North 00 Degrees 35 Minutes 59 Seconds Nest along a fence with the East line of the said 65.304 Acre Tract One and with the Nest line of the 116 7 acre tract a distance of 66S 43 feet to a 1/2 inch iron rod found near a fence corner post; THENCE North 88 Degrees 33 Minutes 22 Seconds East along a fence with a South line of the 63.504 Acre Tract One a distance of 1339 64 feet to a 1/2 inch iron rod found near a fence corner on the Northeast bank of a branch at the Southerly Southeast corner thereof on the Nest line of Lake Forest Good Samaritan Village as shown by the Flat thereof recorded in Cabinet F, Page 36 of the Plat Records of Denton County, Texas; THENCE South 01 Degrees 49 Minutes 37 Seconds East with the East line of the 116.7 acre tract and with the Nest line of Lake Forest Good Samaritan Village a distance of 642.68 feet to a 1/2 inch iron rod found at the Southwest corner thereof; TRENCH North 88 Degrees 32 Minutes 13 Seconds East with the South line the Lake Forest Good Samaritan Village a distance of 253.78 feet to a 1/2 inch iron rod sat for the Northwest corner of the called 80 acre tract described in the dead from Jvatin Industries, Inc. to Acma Brick Co. recorded in Volumes 3127, Page 930 of the said Real Property Records from which a 6 inch wool fence corner post bears North 03 Degrees 31 Minutes 57 Secondu Nest a distance of 10 9 feet and a 4 inch steel post bears North 68 Degrees 42 Minutes 16 Seconds Nast a distance of 13.1 feet; '� l vY� ��.'i':L7�HI�NRR!►a 77. ti?1511..•MY'W%,O�S' Page 2 114 760 Acre Britton Survey THENCE South 00 Degrees 49 Minutes 12 Seconds East along a fence with the ➢lest line of the 80 acre tract a distance of 1273 07 feet to a 1/2 inch iron rod found at the Southwest corner thereof and the Northwest corner of the remainder of the called 00 acre tract described in the dead of trust from Richard R Compton at ux to B.B. ELY, Trustee recorded in Volume 2437, Page 01 of the said Real Property Records; THENCE South 00 Degrees 56 Minutes 39 Seconds East along a fence with the best line of the said 80 acre Ely tract passing at 641.89 feet the Northwest corner of oaks of Montecito Phase I as shown by the Plat thereof recorded in Cabinet N, Page 54 of the Plat Records of Denton County, Texas and continuing with the West line thereof passing at 1290.87 feet an iron rod found at the Southwest corner of Block A in the dedicated North right-of-way of Hickory Creek Road and continuing, in all, a total distance of 1330.87 feet to the Southwest corner of the BLY tract on the South line of the Britton Surveys THENCE South 89 Degrees 13 Minutes 31 Seconds West with the South line of the Britton Survey in Hickory Creek Road a distance of 1603.79 feet to the PLACE OF BEGINNING) and enclosing 114.760 acres of land. kdm jd62-b/98117 78. +� - u EXHIBIT B ANNEXA i tyiN Jr.tc VICE PLAN CASE NUMBER A•78 AREA 114 76 acres LOCATION On the north side of Hickory Creek Road northwest of McNair Elementary School in Denton's extretemtonallunsdiction (ETJ) Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule A Streets and Roads Access is available from Hickory Creek Rd and a planned collector street thatloms with another planned collector street, leading to Ryan Rd A bridge will be required over Fletcher Branch Creek at the expense of the developer B Water/Wastewater Services Water is currently available along the eastern boundary of the proposed development Wastewater service is currently available along the eastern boundary of the proposed development The extension of a 12" water line will be required along Hickory Creek rd to support this development. C. Electric Distribution Electric service is currently available in this area D. Solid Waste Collection and Disposal The city can serve this property Service may require additional equipment, personnel and operating resources One rear loader, a three person crew, and an additional residential route is needed to serve each additional 1,300 households in the city E Police Services The department estimates that service can be provided within average response times for the city as a whole The city's priority response time is 8 06 minutes, while its average response time is 11 minutes Three additional personnel and additional vehicles will be required to serve this area F Fire Protection and Emergency Medical Services (EMS) The city currently serves adjacent property Fire Station #6 is approximately 2 miles from the subject property G Parks and Recreation Services No parks or facilities currently serve tits area A 25 acre park is pending in the River Oaks Subdivision, half a mile south of tits of the subject property All acreage and facility requirements are based on ultimate build -out. Cost of improvements and maintenance will be phased in, as population increases H Librar- Services The Library anticipates that increased demand resulting from development in the city can not be met using existing materials, facilities and personnel Future needs of die library are to be determined with the after January 20, 1999, the anticipated date of the library toaster plan study I. Code Enforcement, Building Inspections and Consumer Health Services The city currently serves adjacent property 79. Planning and Development Services The city currently serves this property K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines (1) Provision of Capital Improvements as compared to other areas will be based on charactensitcs of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for public improvements in the upcoming CIP This property will be considered according to the established guidelines 80.