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