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1998-224AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 30320 ACRES, LOCATED NORTH OF HIGHWAY 77, EAST OF INTERSTATE 35, CLASSIFYING THE ANNEXED PROPERTY AS COMMERCIAL, CONDITIONED (C[c]) ZONING CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Denton wishes to extend its City limits hne to include the 30 320 acre tract as descnbed m Extnb~t A, and WHEREAS, public heanngs were held m the Council Chambers on Apnl 21, 1998, and May 12, 1998, to allow all interested persons to state their views and present ewdence beanng upon th~s annexaUon, and WItEREAS, annexaUon proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 2, 1998, and WHEREAS, tlus ordinance has been published ~n full one t~me in the official newspaper of the C~ty of Denton after annexation proceedings were ~nsUtuted and 30 days pnor to City Councd taking final action, as reqmred by City Charter, and WHEREAS, after a pubhc heanng the C~ty of Denton Zomng and Planmng Commission recommended the annexation and also recommended that the zomng be designated Commermal Conchuoned (C [c])dlstnct classification and use des~gnatmn, and WHEREAS, the City Cotmcfl finds that the designation of zomng will be m comphance w~th the 1988 Denton Development Plan and the 1998 Denton Plan Pohmes, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the tract of land descnbed ~n Exhibit A, attached hereto and ~ncorporated by reference, ~s annexed to the City of Denton, Texas ~ That the servtce plan attached as Exhibit B, and ~ncorporated by reference, whmh prowdes for the extension of mummpal services to the annexed property, ~s approved as part ofthas ordinance ~ That the annexed property ~s classffied as Commercial, conditioned (C[c]) zoning dismct classification and use des~gnatmn, with the following condition Page 1 of 3 1 Lighting on the property shall be designed and mmntmned so as not to shine on, or otherwise disturb, adjoining property or to sbane and project upward to prevent the diffusion into the mght sky ~ That the City's official zomng map is amended to show the Commercial, condmoned, (C[c]) zoning dlsmct classification and use designation of the property annexed ~ Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining 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 an 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 is already included within the city limits of the City of Denton or within the hmlts of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same as hereby excluded from the temtory annexed as fully as if the excluded area were expressly described in this ordinance ~ That any person violating any provision of th~s ordinance relating to the Commercial, condmoned, (C[c]) zomng d~stnct classfficatlon and use deslgnatmn shall, upon conviction, be fined a sum not exceechng $2,000 00 Each day that a provision of this ordinance is molated shall constitute a separate and distinct offense ~[TLQ]~ That this ordinance shall become effective thirty (30) days from the date of its final passage and publication, and the City Secretary is hereby directed to cause the entire orlhnanee to be published once and the descriptive caption to be published twice in the Denton Record-Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED tins the ~r_./t day of~, 1998 JA~LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 of 3 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docum~nis\Ordman¢cs~98~anexat~on A 76 doc Page 3 of 3 Exhibit A Metes and Bounds Descr~pbon 30 320 Acres ANNEXATION EXHIBIT S L Johnson Survey A-683 and Alexander White Survey A- 1406 Denton County Texas BEING o tract of land ~n Denton County Texas, part of the S L Johnson Survey, Abstract No 683, and the Alexander White Survey, Abstract No 1406, and being port of that certain tract described by ~nstrument to Rancho V~eta Development Company as recorded m Volume 2695, Page 465 Deed Records of Denton County Texas (DRDCT), so~d tract being more porbculorly described by metes and bounds os follows COMMENCING at the northerly northeast corner for the mtersecbon of Interstate H~ghway 35 (I-35 300' ROW) and U S H~ghwoy 77 (120' ROW) THENCE North 001924' West w~th the east r~ght-of-way for 1-35, o d~stance of 606 74 feet to a point, THENCE North 884407' East, a d~stance of 33004 feet to the POINT OF BEGtNNING, THENCE North 0009'51' West conbnu~ng w~th sa~d east r~ght-of-way a d~stance of 1046 83 feet to o po~nt for corner, THENCE South 88 38 10" East, o d~stance of 756 60 feet to o po~nt for corner, THENCE South 010342" West, a d~stance of 1062 96 feet to a point for corner, ~ THENCE South 87 27'40 East, o d~stance of 126 62 feet to o po~nt for corner, THENCE South 01 04 21" West, o distance of 982 27 feet to a point for corner THENCE North 57 37'53" West, o d~stonce of 791 38 feet to o point for corner, THENCE North 0019'24' West, o d~stonce of 601 75 feet to a point for corner, THENCE South 88 44'07' West, o d~stonce of 17003 feet to the POINT OF' BEGINNING and conto~mng 30 320 acres EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER A-76 AREA 30 32 Acres LOCATION North of Highway 77, east of Interstate 35 Mumclpal services to the site described above shall be furnmhed by or on behalf of the City of Denton, Texas, at the following levels and in accordance w~th the following schedule A Access is available currently via Interstate 35 and Highway 77, each with excess capacity B Water / Wastewater Services Water will be available at the east side of the 1-35 r~ght-of-way by late 1998 and currently available at the south s~de of H~ghway 77 r~ght-of-way Wastewater service is currently available at the east side of 1-35 r~ght-of- way and at the south side of Highway 77 r~ght-of-way c Electric service is currently available ~n the area D Solid Waste Collection and D~sDosal The City currently serves adjacent property E police Services The C~ty currently serves adjacent property F Fire Protection and Ememencv Medical Services (EMS) The C~ty currently serves adjacent property Station #5 is less than 2 miles from the subject property G Parks and Recreabon Serwces The City currently serves adjacent property North Lakes Recreation Area is less than 2 miles from the subject property H Library Services The City currently serves adjacent property Code Enforcement, Building Inspections and Consumer Health Services The City currently serves adjacent property J Planning and Development Services The City currently serves this property K Capital Improvement Proorem ~ClP) The CIP of the City Is prioritized according to the following gu~dehnes 1 Provision of Capital Improvements as compared to others areas wdl be based on characteristics of topography, land utd~zabon, populabon denmty, magnitude of problems as related to comparable areas, established technical standards and professional studies 2 The overall cost-effectiveness of prowd~ng a specific facd~ty or improvement The annexed area will be conmdered for public Improvements ~n the upcoming CIP This tract wdl be considered according to the estabhshed guidelines