1999-347\\CH LGL\VOLI\SHARED\DEPTxLQL\Our Documents\Ordmances\99~A 89 doc
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 167 477 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
BETWEEN NOWLIN ROAD, F M 2181 (TEASLEY LANE) AND ROBINSON ROAD, 1N
THE COUNTY OF DENTON, TEXAS, APPROVING A SERVICE PLAN FOR THE
ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE (A-89)
WHEREAS, Wheeler Ranch, LTD, has petmoned for the annexation of 167 477 acres of
land described herein, and
WHEREAS, the C~ty of Denton on June 22,1999, heard the petition and agreed to grant
the pet~tton for annexation of 167 477 acres of land, and
WHEREAS, on July 28, 1999 the Planning and Zomng Commission recommended
approval of the petition for annexation, and
WHEREAS, public heanngs were held m the Council Chambers on July 20, 1999, and
July 27, 1999, (both days being on or after the 40th day but before the 20th day before the date of
the restitution of the proceedings) to allow all interested persons to state their views and present
evidence beanng 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 Councd on August 17, 1999, and
WHEREAS, this ordinance has been published ~n full one time ~n the official newspaper
of the City of Denton on August 21, 1999, after annexation proceedings were instituted and 30
days prior to City Council taking final action, as reqmred by City Charter, and
WHEREAS, the City Council finds that the annexation will be in comphance w~th 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
~ That the tract of land described ~n Exhibit "A", attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas
~ 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
\\CH LGL\VOLl~shared\deptkLGL\Our Documents\Ordmances\99~A 89 doc
~ Should any part oft[us ordinance be held illegal for any reason, the holding
shall not affect the remalmng portion of thru ordinance and the C~ty Council hereby declares it to
be its purpose to annex to the C~ty of Denton all the real property described in Exhlbxt "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 within the mty limits of the
C~ty of Denton or within the hm~ts of any other cxty, town or village, or is not within
the City of Denton's junsd~ction to annex, the same ~s hereby excluded from the temtory
annexed as fully as ffthe excluded area were not expressly described m this ordinance
~ That this ordinance shall become effective fourteen (14) days from the date
of its final passage
PASSED AND APPROVED this the ~/~ day of [~,~r~-~')~ _~ ff , 1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~
Page 2
EXHIBIT A
BEING a 167 477'acre tract of land sltuate~l m the B Merchant Survey, Abstract No 800, Denton
County, Texas and being all of the following four tracts of land described m deed to Mel 8: Vmny
Wheeler recorded m Volume 1548, Page 17, Mel& Vmny R Wheeler recorded m Volume 904, Page
844, Mel& Vmny R Wheeler recorded m Volume 973, Page 270 and Mel Wheeler, et ux recorded m
Volume 1054, Page 17, of the Deed Records of Denton County, Texas (D R D C T ) smd 167 477 acre
tract being mom particularly described by metes and bounds as follows
BEGINNING at a ½" iron rod found for the southwest comer of the said Mel& Vlnny R Wheeler tract
recorded m Volume 973, Page 270 (D R D C T ) and being on the east right-of-way line of F M 2181 -
Teasley Lane (90 ROW) recorded m Volume 400, Page 274 (D R D C T ),
THENCE N 02o07'00" W, along the smd east nght-of-way line, passing a ½" iron pipe found for the
northwest comer of the said Mel& Vluny R Wheeler tract recorded in Volume 973, Page 270
(D R D C T ) at a distance of 1420 88 feet, continamg a total distance of 2967 67 feet to a PK nail set for
the northwest comer of the said Mel & Vluny Wheeler tract recorded in Volume 1548, Page 17
LD R D C T ) and being in Robinson Road a variable w~dth right-of-way as recorded m Cabinet C, Page
193,
THENCE S 89o08'42" E, generally along the centerhne of the smd Robinson Road, a distance of
1217 27 feet to a PK nad set for the northwest comer of the said Mel Wheeler, et ux tract,
THENCE S 89019'54" E, continuing generally along smd centerlme and along the north hne of the said
Mel Wheeler, et mc tract, a distance of 1278 68 feet to a PK nmi set for the northeast comer of the smd
Mel Wheeler, et ux tract,
THENCE along the east hne of the smd Mel Wheeler, et ux tract the following two (2) calls
S 01 °35' 15" E, a distance of 2222 17 feet to a ½" iron rod found for the northwest comer of that
certmn tract of land described m deed to Pulte Homes of Texas L P as recorded in Volume 4134,
Page 00094 (D R D C T ) and being the southwest comer of that certmn tract of land described in
deed to T.T & Ava Joyce K~rby described m deed according to Volume 382, Page 539
(D R D C;T.),
S 01052'30'' E, a distance ofT00 91 feet to a 5/8" iron rod capped "Carter & Burgess" set for the
southeast comer of the said Mel Wheeler, et ux tract from which a ½" pipe found bears N
56055'22" E, a distance of 1 07 feet and being m Nowhn Road,
THENCE generally along the centeflme of the smd Nowhn Road the following two (2) calls N 89059' 14" W, a distance of 1240 01 feet to a ½" iron rod found,
S 89°29'18" W, a distance of 1230 65 feet to the point of beginning, with a computed area of
167 477 acres of land more or less wtth 4 037 acres being m the road
Fll~98-004/fleld notes
EXHIBIT B
ANNEXATION SERVICE PLAN
CASE NUMBER A-89 (Wheeler Pad, ge)
AREA 167 477 acres
LOCATION Between Nohn Road, F M 2181 (Teasley Lane and Robinson Road ~n the
extratemtonal junsd~etmn of the C~ty of Denton, Texas
Municipal services to the site described above shall be furmshed by or on behalf of the C~ty of
Denton, Texas, at the following levels and in accordance w~th the following schedule
A. Police Protection
1 Pohce service, ~ncludmg patrolling, response to calls, and other routine functions, will
be provided to the property within sixty (60) days after the effective date of the
annexatton using ex~stmg personnel and equipment
B. Fire Protection
1 Fire protectmn (wtthtn the hnuts of ex~stmg hydrants) and emergency medical serwces
wall be prowded to the property w~ttun sixty (60) days after the effective date of the
annexatmn using emstmg personnel and equipment
C. Solid Waste Collection
1 Sohd waste collection service wall be prowded to the property w~tl~n s~xty (60) days
after the effective date of the annexation using ex~stlng personnel and equipment
D Water/Wastewater Facilities
1 Maintenance of water and wastewater famhtles in the area to be annexed that are not
witlun the service area of another water or wastewater utthty will be begin w~ttun sixty
(60) days after the effecttve date of the annexation using existing personnel and
eqmpment
E Roads and Streets
1 Maintenance of roads and streets, ~ncludmg road and street lighting, in the area to be
annexed wall begin w~thm sixty (60) days after the effective date of the annexation using
existing personnel and equipment
F. Parks and Recreation Facilities
1 Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in
the area to be annexed wll begm w~thm s~xty (60) days after the effective date of the
annexatmn using existing personnel and eqmpment However, there are no emstmg
parks, playgrounds, swmumng pools, and other recreatmnal famht~es in the area
ANNEXATION SERVICE PLAN
(A-Sg)
Wheeler Ridge
G. Electric Facilities
1 Electric utd~ty service w~ll be provided w~tlun s~xty (60) days after the effective date of
the annexat:on using existing personnel and eqmpment
H. Library Services
1 Library services w~ll be pmwded w~ttun s~xty (60) days after the effective date of the
annnxat~on using existing personnel and eqmpment
I. Code Enforcement, Building Inspections and Consumer Health Services
1 Code enforcement, building mspectinns and consumer health services will be provided
w~tlun sixty (60) days after the effective date of the annexation using ex~stlng personnel
and equipment
J Planning and Development Services
1 Planmng and development sarv~ces will be provided wltlun sixty (60) days after the
effective date of the annexation using ex~stmg personnel and equipment The Planmng
and Development Department currently prowdes services tins property by way of
admnnstrat~nn of Chapter 34 of the Code of Ordinances, concerning subd~vlslon and
land development regulations
K. Capital Improvements Program (CIP)
The CIP of the c~ty ~s pnont~zed according to the following gmdehnes
(1) Provision of Capital Improvements as compared to other areas w~ll be based on
characteristics of topography, land utdlzat~on, population density, magmtude of
problems as related to comparable areas, estabhshed techmcal standards and
professional sm&es
(2) The overall cost effectiveness ofprovl&ng a specific facility or improvement
The annexed area w~ll be considered for CIP ~mprovements ~n the upconnng CIP plan Th~s
property wall be considered according to the established gmdehnes
A-89
NORTH
(WHEELER RIDGE)
VICINITY MAP
Scale. None
NORTH
A-90 (SHADOW BROOK PLACE)
VICINITY MAP
Scale None