1999-383AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 46 21 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD IN THE
COUNTY OF DENTON, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY, PLACING THE PROPERTY IN A AGRICULTURAL (A) ZONING DISTRICT,
PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING AN
EFFECTIVE DATE (A-91)
WHEREAS, Dowdey Anderson & Associates, Inc, on behalf of Jerry Kelth, Sandra G~ul
Kirby and Cyntlua Gayle Barthold has petitioned for armexatlon of 46 21 acres of land to the
City of Denton, Texas, and
WHEREAS, the City of Denton on July 27, 1999, heard the petition and agreed to grant
the petition for annexation of 46 21 acres of land, and
WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended
approval of the petition for annexation, and
WHEREAS, public hearings were held in the Council Chambers on August 3, 1999, and
August 17, 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 ewdence beanng upon this annexation, and
WHEREAS, annexation proceethngs were instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council on September 7, 1999, and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Dgnton on September 19, 1999, after annexation proceedings were instituted and
30 days prior to City Council talang final action, as reqmred 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 City of Denton, Texas
~ That the sgrvice plan attached as Exhibit "B", and incorporated by
reference, whmh provides for the extension of municipal services to the annexed property, is
approved as part ofttus ordinance
SECTION 3 Should any part of this ordinance be held illegal for any reason, the holding
shall not affect the rema~mng 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 Exhthlt "A"
regardless of whether any other part of the described property is hereby effectively annexed to
the C~ty If any part of the real property annexed is already ~ncluded within the c~ty hm~ts of the
C~ty of Denton or within the hmlts of any other city, town or village, or ~s not w~thln
the C~ty of Denton's junsdmt~on 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
T_8_~Q.T!O_N~ That this ordinance shall become effective ~mmedlately upon ~ts passage
and approval
PASSED AND APPROVED thlsthe /~/~ dayof ff~44~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
t
API~ DVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
46 21 ACRES
FIELD NOTES to all that certain tract Of land s~tuated tn the Berry Merchant Survey, Abstract
//800, Denton County, Texas and being part of a called 80-½ acre tract descnbed m the deed
from L H Head et al to Thomas T Kirby et ux recorded m Volume 382, Page 539, Deed
Records, Denton County, Texas and all of a called 1 973 acre tract described ~n the deed from
Ava Joyce Karby to Jerry Ke~th Karby ct ux recorded m Volume 1615, Page 51, Real Property
Records, Denton County, Texas, the subject tract btung more particularly described as follows
BEGINNING for the Northwest comer of the hereto described tract at a P K ntul found in the
mtersectton of Robinson Road and Nowhn Road for the Northwest comer of smd 80-½ acre tract
and the Northeast comer of a called 84 786 acre tract described m the deed from Joe M Brooks
and Marjone Lynn Brooks to Mel Wheeler et ux recorded ~n Volume 1054, Page 17, Deed
Records, Denton County, Texas,
THENCE S 89057'48" E, w~th Robinson Road and the North hne of stud 80~~ acre tract a
d~stanco of 951 51 feet to a point for the Northeast comer of the here~n described tract,
THENCE S passing at 26 83 feet a ½" iron md found m the occupied South line of Robtnson
Road and contmumg along stud course along and near a fence, in all, a total d~stance of 2216 88
feet to a ~" ~ron rod found m the South hne of stud 80-½ acre tract for the Southeast comer of
the herein described tract,
THENCE S 89°46'39'' W,, w~th the South hne of smd 80-½ acre tract along and near a fence a
d~stance of 862 87 feet to a ~" ~run rod found ~n Nowhn Road for the Southwest comer of the
hereto described tract,
THENCE N 02°I7'09'' W, w~th said mad a d~stance of 2222 61 feet to the PLACE OF
BEGINNING and enclosing 46 21 acre of land more or less
Fde/99-O45/descrlptlon
EXHIBIT B
ANNEXATION SERVICE PLAN
CASE NUMBER A-91 (K~rby Tract)
AREA 46 21 acres
LOCATION Southeast comer of Nowhn Road and Robinson Road In the
extratemtonal jurisdiction of the City of Denton, Texas
Municipal serwces to the site described above shall be furmshed by or on behalf of the City of
Denton, Texas, at the following levels and ~n accordance w~th the following schedule
A Pohce Protection
1 Polxce service, lncluchng patrolling, response to calls, and other routine functions, will
be provided to the property within sixty (60) days after the effeettve date of the
annexation using existing personnel and equipment
B Fire Protection
I F~re protection (wlthm the hmlts of exlstmg hydrants) and emergency medical services
will be provided to the property wltlun stxty (60) days after the effective date of the
annexation using existing personnel and equipment
C Sohd Waste Collection
1 Solid waste collection se~lce will be provided to the property w~thln sixty (60) days
after the effective date of the annexation using existing personnel and eqmpment
D. Water/Wastewater Facilities
1 Maintenance of water and wastewater faclht~es m the area to be annexed that are not
w~th~n the serwce area of another water or wastewater utlhty will be begm wlttun sixty
(60) days after the effective date of the annexation using existing personnel and
equipment
E. Roads and Streets
1 Maintenance of roads and streets, lncludtng road and street bght~ng, m the area to be
annexed will begin within sixty (60) days after the effective date of the annexation using
ex~stmg personnel and equipment
F Parks and Recreation Facilities
1 Matntenance of parks, playgrounds, swlmnnng pools, and other recreational facilities in
the area to be annexed will beg~n wltlun sixty (60) days after the effective date of the
annexation usmg ex~st~ng personnel and equipment However, there are no exlstmg
parks, playgrounds, swmunmg pools, and other recreational faclhtles ~n the area
ANNEXATION SERVICE PLAN
(A-91)
G Electric ]Facilities
1 Electric ut~hty serv, ce w~ll be provided w~tlun s~xty (60) days after the effect,ve date of
the annexation using ex~stmg personnel and eqmpment
H. L~brary Services
I L~brary senqees w~ll be prowded w,ttun s~xty (60) days after the effective date of the
annexat~nn using extstmg personnel and eqmpment
I. Code Enforcement, Building Inspections and Consumer Health Services
1 Code enforcement, bmkhng inspections and consumer health services will be prov, ded
w~thm s~xty (60) days after the effective date of the annexation using ex~stmg personnel
and eqmpment
J. Planning and Development Serv,ces
1 Planmng and development sermces w,ll be prowded w~th,n mxty (60) days after the
effective date of the annexat~nn using ex, sting personnel and eqmpment The Planmng
and Development Department currently prowdes services th~s property by way of
admmmtrataon of Chapter 34 of the Code of Ordinances, concerning subd~v~s,on and
land development regulations
K. Capital Improvements Program (CIP)
The CIP of the c~ty ~s prioritized according to the follow,ng gmdehnes
(1) Provls~nn of Capital Improvements as compared to other areas w~ll be based on
characteristics of topography, land utH~zat,on, population density, magmtude of
problems as related to comparable areas, estabhshed techmeal standards and
professional stud,es
(2) The overall cost effectiveness ofproxndmg a spec,ftc facility or ~mprovement
The annexed area wdl be considered for CIP ,mprovements m the upcoming CIP plan Tlus
property wtll be considered according to the estabhshed gu~dehnes
4 91 An,te~atton Service Phm dot
NORTH
~,-91 (KIRBY TRACT)
I' I .... I I " I II
VICINITY MAP
Scale. None