1999-2565-¢
AN ORDIJNANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 65 174 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
SOUTH OF NOWLIN ROAD ON THE EAST SIDE OF FM 2181 (TEASLEY LANE)
GENERALLY OPPOSITE HICKORY CREEK ROAD, IN THE COUNTY OF DENTON,
TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING
A SEVERAB1LITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-83)
WHEREAS, Pmnell / Ford, Inc has pet~tioned for the annexation of 65 174 acres of land
described herein, and
WHEREAS, the City of Denton on April 13,1999, heard the petition and agreed to grant
the petition for annexation of 65 174 acres of land, and
WHEREAS, on June 9, 1999 the Planning and Zoning Commission recommended
approval of the petition for annexation, and
WHEREAS, public heanngs were held in the Council Chambers on May 11, 1999, and
May 18, 1999, (both days being on or after the 40th day but before the 20th day before the date of
the institution of the proceedings) to allow all ~nterested persons to state their views and present
ewdence beanng upon this annexation, and
WHEREAS, annexation proceedangs were ~nstltuted for the property described herein by
the lntro&tctlon of tlus ordinance at a meeting of the City Council on June 15, 1999, and
WHEREAS, this ordinance has been published m full one time in the official newspaper
of the C~t~ of Denton on June 19, 1999, after annexation procee&ngs were mst~tuted and 30 days
prior to City Council taking final action, as required by City Charter, and
WHEREAS, the City Council finds that the annexation will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth
Management Strategies and Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the tract of land described in Exhibit "A", attached hereto and
incorporated by reference, is annexed to the C~ty of Denton, Texas
~ That the service plan attached as Exhibit "B", and incorporated by
reference, wbach prowdes for the extension of municipal services to the annexed property, is
approved las part of this ordinance
Page 1 of 2
SECTION 3 Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remmmng portion of this ordinance and the City Councd hereby
declares it to be 1ts purpose to annex to the C~ty 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 ~s already included w~thln the ctty
hmlts of the City of Denton or within the limits of any other city, town or wllage, or is not within
the City of Denton's jurisdiction to annex, the same is hereby excluded from the temtory
annexed as fully as if the excluded area were not expressly described in this ordinance
~ That this ordinance shall become effective fourteen (14) days from the date
of its final passage
PASSED AND APPROVED this the ,_~ ~(~5~/day of ~, 1999
JA~MI'I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By E/ .... ~_
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
EXHIBIT A
DESCRIPTION OF PROPERTY SURVEYED
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE BERRY MERCHANT SURVEY, ABSTRACT No 800, DENTON COUNTY,
TEXAS. AND BEING PART OF A TRA~'T'~OF LANO DESCRIBED IN A DEED FROM
MAGGIE K TEAGUE TO MAG LEE LIVING IRUST, FILED OCTOBER 12, 199.3,
RECORDED IN COUNTY CLERK'S FILE No 95-R0072122, REAL PROPERTY
RECOROS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT A SET 1/2 INCH IRON ROD AT A CORNER POST AT THE
SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JOHNNY
L JESTER et ux, RECORDED IN COUNTY CLERK'S FILE No 9`3-R007212.3,
REAL PROPERTY RECORDS, DENTON COUN'~Y, TEXAS, ON THE EAST RIGHT-
OF-WAY OF F M ROAD 2181,
THENCE SOUTH 84 DEGREES `37 MINUTES 55 SECONDS FAST, WITH THE
SOUTH LINE OF SAID JESTER TRACT, A DISTANCE OF 680 71 FEET TO A
SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, AT THE SOUTHEAST
CORNER OF SAID JESTER TRACT:
THENCE NORTH 04 DEGREES 24 MINUTES 56 SECONDS EAST, WITH THE EAST
LINE OF SAID JESTER TRACT, PASSING AT 585 51 FEET THE NORTHEAST
CORNER OF SAID JESTER TRACT, CONTINUING A TOTAL DISTANCE OF
599 24 FEET TO A SET 1/2 INCH IRON ROD, ON THE NORTH LINE OF SAID
MAG LEE LIVING TRUST TRACT, ON THE SOUTH LINE OF A TRACT OF LANO
DESCRIBED IN A DEED TO MEL WHEELER et ux RECORDED IN VOLUME 97.3,
PAGE 270, DEED RECORDS, DENTON COUNTY, TEXAS, IN THE MIDDLE OF
NOWLIN ROAD,
THENCE SOUTH 89 DEGREES 45 MINUTES 45 SECONDS EAST, WITH THE
NORTH LINE OF SAID MAG LEE UVING TRUST TRACT. AND THE SOUTH LINE
OF SAID WHEELER TRACT, A DISTANCE OF 17`38 69 FEET TO A SET 1/2
INCH IRON ROD AT THE NORTHWEST CORNER OF SAID MAG LEE LIVING
TRUST TRACT, AT THE SOUTH~T CORNER OF A TRACT OF LAND DESCRIBED
IN A OEED TO MEL WHEELER et ux, RECORDED IN VOLUME 1054, PAGE 17,
DEED RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH O1 DEGREES 12 MINUTES 57 SECONDS EAST. WITH THE EAST
LINE OF' SAID MAG LEE LMNG TRUST TRACT, A OISTANCE OF 1.308 40
FEET TO A SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, AT THE
SOUTHEAST CORNER OF SAID MAG LE.E LIVING TRUST TRACT, AT THE
NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO HERSCHEL
V FORESTER, TRUSTEE, RECORDED IN VOLUME 605, PAGE 621, DEED RECORDS,
DENTON COUNTY, TEXAS,
THENCE NORTH 89 DEGREES 47 MINUTES 20 SECONDS WEST, WITH THE
SOUTH LINE OF SAID MAG LEE LIVING TRUST TRACT, ANO ~{E NORTH LINE
OF SAID LONG TRACT, A DISTANCE OF 2481 56 FEET TO A SET 1/2 INCH
IRON ROD AT A FENCE CORNER POST, ON file EAST RIGHT-OF-WAY OF FM
ROAD 2181,
THENCE NORTH O0 DEGREES 38 MINUTES 58 SECONDS WEST. WITH THE EAST
RIGHT-OF-WAY OF FU ROAD 2181, A DISTANCE OF 77245 FEET TO THE
POINT OF BEGINNING ANO CONTAININ% IN ALL 65 1741 ACRES OF LAND
CASE NUMBER
AREA
LOCATION
(EXHIBIT B)
ANNEXATION SERVICE PLAN
A-83 (Top of the Hill Subdimslon)
65 174 acres
South of Nowhn Road east of FM 2181 (Teasley Ln ) generally opposite
Hickory Creek Road in the extratemtonal junsdlcUon (ET J) of the City of
Denton, Texas
Municipal services to the site descnbed 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. Police Protection
Police sarmce, including patrolling, response to calls, and other routine functions, will
be provided to the property within sixty (60) days after the effective date of the
annexation using ex~stmg personnel and equipment
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property within sixty (60) days after the effective date of the
annexation using exlsUng personnel and equipment
Ce
Solid Waste Collection
1 Solid waste collection service will be provided to the property vattun sixty (60) days
atter the effective date of the annexation using existing personnel and equipment
Water/Wastewater Facilities
1 Maintenance of water and wastewater faclhtles in the area to be annexed that are not
vatlun the service area of another water or wastewater utility will be begin within sixty
(60) days after the effective date of the annexation using existing personnel and
equipment
E. Roads and Streets
Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin vatlnn sixty (60) days after the effective date of the annexation using
ex~sttng personnel and equipment
F. Parks and Recreation Facilities
Mmntenance of parks, playgrounds, swimming pools and other recreational facilities in
the area to be annexed vail begin vamln sixty (60) (lays after the effective date of the
almexaUon using existing personnel and equipment However, there are no exlstmg
parks, playgrounds, swimming pools, and other recreational facilities in the area
G
ANNEXATION SERVICE PLAN
(A-83)
Top of the Hill Subdivision
Electric Facilities
1 Electric uUhty service will be provided within sixty (60) days after the effective date of
the annexation using existing personnel and equipment
Library Services
1 Library services will be provided wltlun sixty (60) days after the effective date of the
annexation using existing personnel and equipment
Code Enforcement, Building Inspections and Consumer Health Services
1 Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days after the effective date of the annexation using existing personnel
and equipment
Planning and Development Services
1 Planmng and development services will be provided within sixty (60) days after the
effective date of the annexation using existing personnel and equipment The Planning
and Development Department currently provides services this property by way of
admlmstratlon of Chapter 34 of the Code of Ordinances, concerning subdivision and
land development regulations
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
characteristics 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 ofprovldmg a specific faclhty or improvement
The annexed area will be considered for CIP improvements in the upcoming CIP plan Ttus
property will be considered according to the established guidelines
k-83
(Top of the Hill Subdivision)
NORTH
SITE
OAKMONT
ESTATES
VICINITY MAP
Scale: None