1999-426AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 34 40 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
ON THE SOUTH SIDE OF EL PASEO STREET AND APPROXIMATELY FIVE HUNDRED
(500) FEET NORTH OF RYAN 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-90)
WHEREAS, Beverly Stephens has petitioned for annexation of 34 40 acres of land to the
City of Denton, Texas, and
WHEREAS, the City of Denton on July 27, 1999, heard the petltmn and agreed to grant
the petition for annexation of 34 40 acres of land described herein, and
WHEREAS, on August 25, 1999, the Planning and Zoning Commission recommended
approval of the petition for armexatlon, and
WHEREAS, public heanngs were held an the Cotmcfl 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 evidence beanng upon th~s annexation, and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction ofttus ordinance at a meeting of the City Council on September 7, 1999, and
WHEREAS, tins ordinance has been published an full one time in the official newspaper
of the City of Denton on September 12, 1999, atter annexation proceedings were instituted 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 comphance with the
1988 Donton 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 descnbed in Exhibit "A", attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas
SECTION 2 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
~CTION 3 Should any part of this orchnance be held illegal for any reason, the holding
shall not affect the remmnmg port,on of tins ordinance and the C~ty Council hereby declares ~t to
be ~ts purpose to annex to the C~ty of Denton all the real property described ~n Exlub~t "A"
regardless of whether any other part of the described property ~s hereby effectively annexed to
the Cxty If any part of the real property annexed ~s already ~ncluded witlun the city limits of the
C~ty of Denton or w~thm the lumts of any other mty, tom or mllage, or is not wahm the C~ty 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 m this ordinance
SECTION 4 That th~s ordinance shall become effective ~mmedlately upon its passage
and approval
PASSED AND APPROVED tins the /~ (/~ day of ~'~t~_/2~/t~
1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
A-90 (SHADOW BROOK PLACE)
34 40 acres
All that certain lot, tract or parcel of land lying and being s~tuated ~n the A Gibson
Survey, Abstract No 498, Denton County, Texas, being the same tract of land
described in a deed to Elmer Wayne Stephens et ux, dated 4-16-74, as recorded in
Volume 706, Page 79 of the Deed Records of Denton County, Texas, being the same
tract of land described ~n a deed to Bradley Stephens Trust, dated 4-1-98, as recorded
under County Clerk's F~le No 98-0041953 of the Real Property Records of Denton
County, Texas, being the same (called) 10 433 acre tract of land described in a deed to
Custom Designs, Inc, dated 4-12-99, as recorded under County Clerks File No 99-
0037344 of the Real Property Records of Denton County, Texas, being the same
(called) 8 240 acre tract of land described in a deed to Bra~n Stephens Trust, dated 4-1-
98, as recorded under County Clerk's F~le No 98-0041954 of the Real Property
Records of Denton County, Texas, being the same (called) 4 291 acre tract of land
described ~n a deed to Bradley Stephens Trust, dated 4-1-98, as recorded under County
Clerk's File No 98-0041955 of the Real Property Records of Denton County, Texas,
and to Brain Stephens Trust, dated 4-1-98, as recorded under County Clerk's F~le No
98-0041956 of the Real Property Records of Denton County, Texas, being more
particularly descnbed as follows
BEGINNING at the northwest corner of sa~d Elmer Wayne Stephens tract, same being
on the south right-of-way of El Paseo and the east hne of Forrestndge Addition, Section
II, an ad~ht~on to the C~ty and County of Denton, Texas, according to the plat thereof
recorded ~n Cabinet C, Page 12, of the Plat Records of Denton County, Texas, said
point lying on the current c~ty hm~ts line as established by Ordinance No 65-35,
THENCE North 88° 24' 40" East w~th the north hne of sa~d Elmer Wayne Stephens tract
and the south right-of-way of El Paseo, same being the ex~st~ng c~ty hm~ts I~ne as
estabhshed by said Ordinance No 65-35, a distance of 363 44 feet to a point for corner,
THENCE North 74° 22' 04" East with the north hne of said Elmer Wayne Stephens tract
and the south right-of-way of El Paseo, same being the ex~sbng c~ty hm~ts hne as
established by said Ordinance No 65-35, a distance of 12 48 feet to a point for corner
at the northeast corner of said Elmer Wayne Stephens tract,
THENCE South 14° 58' 40" East w~th an east hne of sa~d Elmer Wayne Stephens tract,
a d~stance of 6 30 feet to a point for corner at the beglnmng of a curve to the right,
THENCE w~th sa~d curve to the right, hawng a central angle of 9° 14' 08", a radius of
1534 02 feet, an arc length of 247 27 feet, a chord which beare South 10° 27' 05" East a
distance of 247 00 feet to a point for corner on the East hne of sa~d Elmer Wayne
Stephens tract,
A 90 LEGAL DESCRIPTION PAGE 1 OF 2
EXHIBIT A
A-90 (SHADOW BROOK PLACE)
34 40 acres
THENCE North 88° 45' 10" East, a d~stance of 591 10 feet to a point for corner on the
east hne of sa~d Custom Designs, Inc, tract,
THENCE South 09° 35' 00" West w~th an east hne of sa~d Custom Designs, Inc, tract, a
d~stance of 135 47 feet to a point for corner,
THENCE South 39° 07' 10" West w~th an east hne of sa~d Custom Designs, Inc, tract, a
d~stance of 290 26 feet to a point for corner,
THENCE South 26° 36' 00" East w~th an east hne of sa~d Custom Designs, Inc, tract, a
d~stance of 268 00 feet to a point for corner,
THENCE South w~th an east hne of sa~d Custom Designs, Inc, tract, a d~stance of
246 00 feet to a point for corner,
THENCE South 09° 17' 00" West w~th an east hne of said Custom Designs, Inc, tract, a
d~stance of 104 93 feet to a point for corner at the southeast corner of sa~d Custom
Designs, Inc, tract, same being the northeast corner of sa~d 8 240 acre tract,
THENCE South 09° 19' 00" West w~th an east hne of sa~d 8 240 acre tract, passing the
southeast corner of sa~d 8 240 acre tract and the northeast corner of sa~d 4 291 acre
tract, conbnu~ng a total d~stance of 438 80 feet to a point for corner at the northernmost
southeast corner of sa~d 4 291 acre tract,
THENCE South 88° 49' 00" West w~th a south hne of sa~d 4 291-acre tract, a d~stance of
726 00 feet to a point for corner,
THENCE South 00° 37' 00" West with an east hne of sa~d 4 291-acre tract, a distance of
62 60 feet to a point for corner at the southeast corner of sa~d 4 291-acre tract,
THENCE South 88° 48' 29" West w~th the south hne of sa~d 4 291 acre tract, a d~stance
of 251 63 feet to a point for corner at the southwest corner of sa~d 4 291 acre tract,
same being on the east hne of the Estates of Forrestndge, Section III, an add~bon to the
C~ty and County of Denton, Texas, according to the plat thereof recorded ~n Cabinet K,
Page 295 of the Plat Records of Denton County, Texas, sa~d point also being on the
existing city hm~ts hne as estabhshed by Ordinance No 93-188,
THENCE North 00° 36' 55" West w~th the ex~st~ng c~ty hm~ts hne as estabhshed by sa~d
Ordinance No 93-188, and as estabhshed by Ordinance No 92-060 and Ordinance No
88-001, a distance of 1828 60 feet to THE POINT OF BEGINNING and conta~mng ~n all
34 40 acres of land
A-90 LEGAL DESCRIPTION PAGE 2 OF 2
EXHIBIT B
ANNEXATION SERVICE PLAN
CASE NUMBER
AREA
LOCATION
A-90 (Shadow Brook Place)
34 40 acres
On the south mdc of E1 Paseo Road and approximately five hundred (500)
feet north of Ryan Road m Denton's extraterritorial jurisdiction (ETJ) It
is adjacent to the Estates of Forrestndge sub&vis,on to the west, the
Montec~to subdivision to the north, and the Montemto Del Sur subdivision
to the east
Mtmmlpal serwces to the s~te described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and ~n accordance w~th the following schedule
Pohee Protection
1 Pohee service, including patrolhng, response to calls, and other routine functions, will
be provided to the property on the effective date of the annexation using existing
personnel and eqmpment
B Fire Protection
Fire protection (w~thln the hnnts of ex~st~ng hydrants) and emergency medical services
will be prowded to the property on the effective date of the annexation using existing
personnel and equipment
C
Solid Waste Collection
Sohd waste collection service will be prowded to the property on the effective date of
the annexation using existing personnel and eqmpment
0
Water/Wastewater Faclht]es
Mmntenance of water and wastewater famhtles ~n the area to be annexed that are not
within the serwce area of another water or wastewater utility will be begin on the
effective date of the annexation using ex~stmg personnel and equipment
E
Roads and Streets
Maintenance of roads and streets, ~ncludlng road and street hght~ng, ~n the area to be
annexed will begin on the effective date of the annexation using existing personnel and
eqmpment
F
Parks and Recreation Faclhtles
1 Mtuntenanee of parks, playgrounds, swimming pools, and other recreational facilities m
the area to be annexed will begin on the effective date of the annexatmn using exmtmg
personnel and eqmpment However, there are no existing parks, playgrounds
swtmmtng pools, and other recreatlonal facthttes tn the area
ANNEXATION SERVICE PLAN
(A-90)
Shadow Brook Place
G
J
K
Electric Facilities
Electric utility service will be provided on the effective date of the annexation using
existing personnel and equipment
Library Services
1 Library services will be provided on the effective date of the annexation using existing
personnel and equipment
Code Enforcement, Budding Inspections and Consumer Health Services
1 Code enforcement, bmldmg inspections and consumer health services will be provided
on the effective date of the annexation using existing personnel and equipment
Planning and Development Services
1 Planmng and development services will be provided on the effective date of the
annexation using existing personnel and equipment The Planning and Development
Department currently provides services this property by way of admnnstratlon 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 guldehnes
(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 techmcal standards and
professional studies
(2) The overall cost effectiveness ofprovldmg a specific facility or improvement
The annexed area will be considered for CIP improvements m the upcoming CIP plan This
property will be considered accorchng to the estabhsl~ed gmdehnes