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1999-262ORDiNANCE NO 4~- c~ ~ ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 19 802 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD IN THE COUNTY OF DENTON, TEXAS, APPROViNG A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDiNG A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-86) WHEREAS, the City of Denton wishes to extend its city limits line to annex 19 802 acres of land described herein, and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation, and WHEREAS, public hearings were held in the Council Chambers on April 20, 1999, and May 1 l, 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 interested persons to state their views and present evidence beanng upon this annexation, and WHEREAS, annexation procee&ngs were instituted for the property described herein by the introductaon of this ordinance at a meeting of the City Council on June l, 1999, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 13, 1999, after annexation proceedings were instituted and 30 days prior to C~ty 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 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, winch provides for the extension of mumctpal services to the annexed property, is approve& 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 remalmng 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 Page 1 of 2 annexed to the C~ty If any part of the real property annexed ~s already included w~th~n the c~ty hm~ts of the C~ty of Denton or w~thm the hmlts of any other mty, town or village, or ~s not w~th~n the C~ty of Denton's junsdmt~on to annex, the same is hereby excluded from the temtory annexed as fully as ff the excluded area were not expressly described ~n this ordinance SECTION IV That th~s ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED th~s the ay of ,1999 JACK ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT A WH£1~EAS, ALAN LUBBERS ms the owner of all that certain tract of Ioqd situated in the G W(31ker Survey Abstract Number 1.350. Denton County. Texas and being all of the coiled 1000 acre tract ar.d oll of the called 9 8,02 acre tract described m the deed from gor~s Roe Cowort to Alan Lubbers recorded under Clerks File Number 96-R0069627 of the Real Property Records of Denton Count)/. Texas. the subject tract being more particularly described os follows. BEGINNING for the Northeast carter of the tract being descmbed here,n, at a 1 2 tach ~ron rod found at the Northeast corner of the sa~d g 802 acre tract ard the Northwest corner of a coiled 21 905 acre tract descmbed m the deed from ~or~s I~ae Cowart to Dawd W Mason recorded under Clerks File Number 95- R008048- of the sa~d Real Property Records m the center of Edwards Road. THENCE South O0 Degrees 21 M,nutes .39 Seconds East along a w~re fence w,th the West line of the sa~d 2~ 903 acre tract oqd the East hne of the 9 802 acre tract a d~stance of 1328 19 feet to a 1,/2 ,nch iron rod found at the Southeast cromer fhereof 3 8 fee{' i'~orffh of a fence corner post, THEHCF South 89 Degrees 19 Minutes ~4 Second~ West w~th the South hne of the 9 802 acre tract passing a I/2 ~nch rod (ound at the Southwest corner t~.ereof end tile SOutheaSt corne~ of the'soTd 1~00 acre ~roct~and con~nui~g~,~ . ~ w~th ~he South hne of the ~0 O0 acre tract. ~n oil. o total d~stonce of 646"18~'~ feet to ~ 5/~ tnch ~ron rod found at the Southwest corner thereof, THE~JC[ North O0 Degrees 28 M,nutes 41 Seconds West w,th the West hne of fha l0 O0 acre ~roct o d~stonce of t3Z6 2;' feet fo o 1 /2 ~ch ~ron rod founCl at the Northwest cai'net thereof o~ the ¢.outh s~de of Edwards Rood. "HFNCE Sour~' 89 Degrees 58 M,rutes 09 Seconds East w,th the North hne of the °C O0 acre tract DaSd,h§ a 1/2 ,nch ~ron rod found at the No.beast corner thereof ar, d the No~hwe~t co.ner of the 9802 acre tract and contmu,ng w~th the No~h l;ne of the 9802 Ocr- tract. ,n all. a total d,stonce of 64892 feet to the POINT OF BEGINNING o~d enclosing 19 802 acres of land EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER AREA LOCATION A-86 (Lubbers Ad(htlon) 19 802 acres On the south side of Edwards Road west of Swisher Road in Denton's extratemtonal junsdmtlon (ET J) 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. Police Protection Police service, including patrolhng, 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 existing personnel and equipment B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be promded to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment E F Solid Waste Collection Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment Water/Wastewater Facilmes Maintenance of water and wastewater facilities in the area to bc annexed that are not within 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 eqmpmcnt Roads and Streets Mmntenance of roads and streets, lncluchng road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment Parks and Recreation Facilities Mmntenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment However, there are no existing parks, playgrounds, swlmnnng pools, and other recreational facilities in the area J ANNEXATION SERVICE PLAN (A-86) Lubbers Addition Electric Facilities Electric utility servme will be prowded w~thln sixty (60) days after the effective date of the annexation using ex~stlng personnel and equipment Library Services 1 Library servmes wall be prowded within s~xty (60) days after the effective date of the annexation using ex~stmg personnel and eqmpment Code Enforcement, Building Inspections and Consumer Health Services Code enforcement, bmldmg inspections and consumer health serwces wdl be prowded within s~xty (60) days after the effective date of the annexation using existing personnel and eqmpment Planning and Development Serwces Planmng and development services will be provided w~thm sixty (60) days after thc effective date of the annexation using existing personnel and equipment The Planmng and Development Department currently prowdes servmes th~s property by way of admmlstratlon of Chapter 34 of the Code of Ordinances, concermng subdivis~on and land development regulations Capital Improvements Program (CIP) The CIP of the c~ty ~s prioritized according to the following gmdehnes (1) Prowsmn of Capital Improvements as compared to other areas wall be based on eharaetenstms of topography, land ntd~zatmn, population density, magnitude of problems as related to comparable areas, estabhshed techmcal standards and profesmonal studies (2) The overall cost effectiveness of providing a specffic facility or ~mprovement The annexed area will be considered for CIP improvements m the upcoming CIP plan Th~s property will be considered according to the estabhshed gmdehnes A-86 (LUBi,BER$ ADDITION) NORTH VICINITY MAP Scale None