1998-256A-77
AN ORDINANCE OF T~ C~Y OF DE~ON, ~S, ~G A T~CT
CO~S~G 15088 AC~S, LOCATED EAST OF S~S~R RO~ ~ ITS
~ESECTION ~ EDW~S RO~ ~ DENTON'S EXT~TE~TOTI~
~SDICTION NOR~AST OF 1-35E, EST~LIS~G TE~O~Y
AG~C~T~ (A) ZO~G DIST~CT CLASS~ICATION ~ USE DESIGNATION,
PROLOG FOR A PEN~TY ~ T~ ~ ~O~T OF $2,00000 FOR
VIOLATIONS T~OF, ~ DECL~G ~ EFFECTI~ DATE
~AS, the City of Denton w~shes to exteM ~ts C~ty hm~ts hne to include the 15 088
acre tract as described m Exhibit A, aM
~AS, pubhe hearings wer~ held m the Council Chambers on Iune 2, 1998, and
June 16, 1998, to allow all ~nterested persons to state their v~ews and present ewdence beanng
upon th~s ~nexat~on, and
~AS, annexation procood~ngs were instituted for the prope~y described hereto by
the mtrodu~on ofth~s ordinance at a meeting of the C~ty Council on July 21, 1998, and
~AS, th~s ordinance has been pubhsh~d m ~11 one t~me m the o~cml newspaper
of th~ City of Donton ~er ~exat~on proc~ngs w~re instituted ~d 30 days prior to C~ty
Council t~m8 final a~on, as roqmred by C~ty Cheer, NOW T~FO~,
T~ CO~C~ OF ~ CITY OF DE~ON ~BY O~S
SECTION I That the tra~ of land described ~n Exhibit ~ a~ached hereto and
mco~orated by reference, ~s annexed to the Ctty of Denton, Texas
SECTION II That th~ se~ce plan a~aehed as Exhibit B, and incorporated by reference,
which prowd~s for the ~xtens~on of mumc~pal services to the annexed prope~y, is approved as
pa~ of th~s ordinance
SECTION III That the ~nexod prop~ay ~s temporgfly classified as Agricultural (A)
zoning d~stnet classification ~d uso designation
SECTION IV That the C~ty's o~c~al zomng map ~s amended to show the Agricultural
(A) zoning d~stnet elasstficat~on ~d use designation ofth~ prope~y annexed
SECTION V Should ~y p~ of th~s ordinance be held illegal for any reason, the
holding shill not affect the remaining pomon of th~s ordinance and the C~ty Council hereby
deelges ~t to b~ ~ts pu~ose to ~nex to th~ C~ty of Denton all the real propeny described m
Exhibit A r~ggdless of whother any other p~ of the described propeay ~s hereby effectively
annexed to the C~ty If any pa~ of the r~al propeay ~nexed ~s already included w~thm the ctty
hm~ts of the C~ty of Denton or ~thm the hm~ts of any other c~ty, town or vdlage, or ~s not ~th~n
the City ,of Denton's jurlsdwtlon to annex, the same is hereby excluded from the territory
annexed as fully as if the excluded area were expressly described m this ordinance
SECTION ~ That any person violating any provision of th~s ordinance relating to the
Agricultural (A) zoning dtstnct classfficatlon and use designation shall, upon convict~on, be
fined a sum not exceeding $2,000 00 Each day that a provision of th~s ordinance ~s vtolated
shall constitute a separate and d~stlnct offense
~ That this ordinance shall become effective thirty (30) days from
the date Of its final passage and pubhcat~on, and the C~ty Secretary Is hereby directed to cause
the ent~ro ordinance to be published once and the descriptive caption to be pubhshed twice m the
Denton Record-Chromcle, the official newspaper of the C~ty of Denton, Texas, within ten (10)
days of the date of its passage
PASSED AND APPROVED th~s the / day of~j~a~.~ 1998
Jack M~Vl~3or
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
F ~harod~dept~OL\Our Dooumonts~Or&n~noes~98\Annox~tlon Ord 77 doc
Exhibit A
FIELD NOTES
1:5 088 Acres
All that certain lot, tract, or parcel of land situated m the Gideon Walker Survey, Abstract Number 1330,
Denton County, Texas and being part of First Tract shown by deed to L F Powell, recorded m Volume
39:5, page 236, Deed Records of Denton County, Texas and being more particularly described as
follows
Commencing at the southwest comer of smd Powell tract,
Thence North 04 degrees 22 m~nutas 10 seconds East a d~stance of 438 15 feet,
Thence South 8:5 degrees 37 minutes 08 seconds East a d~stance of 208 71 feet,
Thence North 04 degrees 27 minutes 14 seconds East a d~stance of 104 14 feet,
Thence North 8:5 degrees 37 minutes 08 seconds West a &stance of 193 34 feet,
Thence North 04 degrees 26 minutes 28 seconds East a d~stance of 138 26 feet,
Thence North 04 degrees 44 minutes 26 seconds East a distance of 346 16 feet to the Point of
Beg~rmmg, an ~ron pm found at the northwest comer of Tract One to Jerry Kuhnke, recorded ~n Volume
1134, page 647, Deed Records, Denton County, Texas,
Thence North 04 degrees 44 minutes 29 seconds East a distance of 283 1 feet to an tron pin found,
Thence North 72 degrees 08 minutes 23 seconds East a dastance of 271 89 feet to an ~ron pin found,
Thence North 88 degrees 59 minutes 12 seconds East a distance of 526 69 feet to an iron pm found,
Thence South 86 degrees 21 mmutas 22 seconds East a d~stance of 150 03 feet to an ~ron pin found at a
fence comer,
Thence South 86 degrees 20 minutes 48 seconds East w~th a fence a chstance of 704 84 feet to a fence
comer post,
Thence South 03 degrees 44 minutes 34 seconds West w~th a fence 423 79 feet to an Iron pm found at
the northeastlcomer of smd Kuhnke Tract,
Thence North 86 degrees 23 mmutas 49 seconds West w~th Kuhnke's north hne 1632 5 feet to the Point
of Begqumng and contalmng 15 088 acres of land
ANNEXATION SERVICE E h,b,t B
CASE NUMBER: A-77
AREA' 15.088 Acres
LOCATION. East of Swisher Road, near Its Intersection with Edwards
Road
Munlclpal services to the s~te described above shall be furnlshed by oron behalf
of the City of Denton, Texas, at the follow~ng levels and In accordance with the
following schedule.
A Streets and Roads
Access Is available currently via 1-35E, Swisher Road and Edwards Road
Future development will result in the construction of Lakevlew Road, a
north-south arterial road ultimately connecting Highway 380 and 1-35E
along the eastern edge of Denton
B Water / Wastewater Services
Water is currently available at Pockrus Page Road and 1-35E,
approximately 5,000 feet west of the property. Wastewater service is
currently available at Edwards Road, approximately 4,000 feet west of the
property
C Electric Distribution ._
Electric service Is currently available In the area.
D. Sohd Waste Collection and DIsoosal
The City can serve this property. Service may require additional
equlpment0 personnel and operating resources. One solid waste truck
and three-person crew is needed to serve each additional 1,300
households in the city.
E. Police Services.
The department estimates that service can be provlded wlthln average
response times for the city as a whole. The City's priority response time is
8 06 minutes, while Its average response time Is 12.45 minutes.
F. Fire Protectlon and Emeroencv Medical Services {'EMS).
The City currently serves adjacent property. Statlon #8 Is approximately 3
miles from the subject property.
G Parks and Recreation Services.
The C~ty currently serves adjacent property. South Lakes Park is more
than 3 miles from the subject property. Add~tlonal neighborhood parks
would be required as a result of development.
H Library Services
The Library anticipates that increased demand resulbng from development
In the City can not be met using ex~stmg materials, facihties and
personnel The C~ty currently has less than half the standard number of
items per capita (4.45 items) and below the standard faclhty area per
capita (0 75 sq ft )
Code Enfomement. Bmldln(~ Insoecbons and Consumer Health Services
The C,ty currently serves adjacent property.
JPlannlnc and DeveloPment Services
The C~ty currently serves this property.
KCapital Improvement Procram (CIP)
The CIP of the C~ty Is pnont~zed according to the following guidellnes
1. Provision of Capital Improvements as compared to others areas will
be based on charactensbcs of topography, land ut~hzatlon,
population density, magnitude of problems as related to
comparable areas, established technical standards and
professlonal studies
2 The overall cost-effecbveness of providing a specific facllity or
Improvement
The annexed area will be considered for public Improvements in the
upcomlng CIP. Thls tract will be considered according to the established
guidelines