1991-033NO9/ 033
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 1,367 ACRES OF
LAND LOCATED NORTH OF CRAWFORD ROAD AT THE INTERSECTION OF ALLRED
ROAD AND I-35W, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY,
TEMPORARILY PLACING THE PROPERTY IN AN AGRICULTURAL ZONING
DISTRICT, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City of Denton has petitioned for the annexation
of the property described herein, and
WHEREAS, public hearings where held in the Council Chambers on
November 6, 1990, and November 20, 1990, (both days being on or
after the 40th day but before the 20th day before the date of
institution of the proceedings) to allow all interested persons to
state their views and present evidence bearing upon this
annexation, and
WHEREAS, annexation proceedings were instituted for the
property described herein by the introduction of this ordinance at
a meeting of the City Council on December 11, 1990, and
WHEREAS, this ordinance has been published in full one time in
the official newspaper of the City of Denton after annexation
proceedings were instituted and thirty days prior to City Council
taking final action, as required by City Charter, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the land described in Exhibit "A", attached
hereto and incorporated by reference, is annexed to the City of
Denton, Texas
SECTION II That the service plan attached as Exhibit "B" and
incorporated herein by reference, which provides for the extension
of municipal services to the annexed property, is approved as a
part of this ordinance
SECTION III The property annexed herein is temporarily
designated as an agricultural zoning district pending permanent
zoning of the property
SECTION IV 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 of the real property
described in 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 is within the limits of
any other city, town or village, or is not within the City of
Denton's jurisdiction to annex, the same is hereby excluded from
the territory annexed as fully as if the excluded area were
expressly described in this ordinance
SECTION V This ordinance shall be effective immediately upon
its passage A~
PASSED AND APPROVED this the ' Jday of 74X9 Lr. A,- , 1991,
BOB CASTLEBERRY,
ATTEST
JENNIFER WAALTERS, CITY SECRETARY
BY ~QMV t Of A A"' /I /
APPROVDD AS~TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
1190 7 11/15/90
PAGE 2
EXHIBIT "A"
TRACT I
Being 917 600 acres of land situated in the B B B &C R R Survey,
Abstract No 158, B B B &C R.R Survey, Abstract No 159,
B B B &C R.R Survey, Abstract No 160, G Pettingale Survey,
Abstract No 1041, S Pritchett Survey, Abstract No 1021, J Taft
Survey, Abstract No 1269 and the G West Survey, Abstract No
1393, Denton County, Texas, said 917 600 acres being more
particularly described as follows
BEGINNING at the northeast corner of the B 8 B A C R.R Survey, Abstract No. 158, said point also being the
northwest corner of the W Smith Survey, Abstract No. 1182 of aforesad county, aad point also being in Johnson
Lane and Paine Rgad,
THENCE S WM'3VW, 3648.27 feet along the an line of the sad B.B BA CJ UL Survey, Abstract No. 158,
THENCE N 89'32MV. 2290.84 feet,
THENCE N 001587= 49733 fear
THENCE N S9'28'Sl'W, 27412 feat to the east right-of way of Interstate Highway 35W,
THENCE along the east right-of-way of interstate Highway 35W the follow" car.
L N 29'SME, 84736 feet;
L N 24'19'468.203 06 feeE
3 N 29'37398, 2,716.63 feat to the bed of a cwm to the left having a rsdsus of
11,50173 feet, a antral angle of 03'06'14•, a chord bearing of N MOM a chord
datancs of 623.01 fast;
4 THENCE along sad we 623.09 feeR
S N 261517248, 2,147.84 feat.,
6. S 89 U'll, 470.78 foot:
7 S 75'84'088, 7135 feet,
8. S &)'46'33"8.80.17 feet;
9 N 72'34'498, 52.80 feet;
10. N 17613'208, Sib) feet;
1L N 69'90'03'W, 229.33 fret;
I2. N SM14MOV,1t3 A feet;
11, N 13'12'll'W, 210.76 feat:
14. N 26'51'418, 3,16330 (004
LS. N 369447M 203.09 fast;
I& N 21M41% 399 43 feet;
17 N 13'24'38'8, 40030 font;
IS. N 26'39'558, 399A feat;
19. N 1848'59"8, 30521 loop
20. N2V562 %82.163feeB
THENCE S 89'54'098,1997!13 he to a point is the wet Has of the J Fdmooson Snrvsy, Abstract No. 401,
TFOD= S Oor YSM 2,217.63 fat to the southwest corner of the said J Edmomon Server
THENCE S 89'38'418, 2,659.26 fat along the south Has of the said J Edetaesoe Survey to a point is Bowie
Bras Roads
Page 1
THENCE g t10 WSM 3,265,02 foal with Barrie Bra Road to a poau m Abed Road;
THENCE N 89.TP "W, 16MAI feat wkb Abed Road;
THENCE N W41WW, 2,12209 feat With A&W Road:
THENCE S 00'06'32'W, 2,63977 feat, to a poia ie Job=@ Lane,
THENCE N 89" 2T34W, 2,353A7 feet to the POW OF BEGINNING and cootasmng 917 600 am (39,970,6]1
square feet) of land, more at lea,
TRACT II
BEING ~ a 282 acre tract of lead dtnated in the L Piaeao Survey, Abstract No, 994, Deatae County, Tezaa, and
bang a pan of a caW 69318 acre treat deaaribed in dead from W1. Gradey et uz to Alaz McCutcWa as
recorda$ In Volume 321, Page 4 Deed Ramrda, Dowoe Comfy, Tmmk mid 222 sera beieg more pertieulerh
darnbod as Mom
BEGINNING at the mast UPA$ y aouthast career of the said 69318 acre tract:
THENCE N8T3 U-W, 359A6 tea to the east d &-d TAT of Iatastate HWITM 33W,
THENCE N30"0 WE,15 A feet AIM mid earl ftk- Grey lice of letarstata MOMW 35W,
THENCE WZM45% 500.93 fiat elaag mid asst right-af way Bee of Interstate Highway 35W,
THENCE N29WSSE IM75 (a%
THENCE 300'03'00'8, 6095 he to the POW OF BEGDINM ad aoataideg 292 was (122,881 sq. fL)
of W4 mare or lam
Page 2
TRACT III
Being all that lot, tract or parcel of land out of
The James Edmonson Survey, Abstract No. 401 and the James L Harris
Survey, Abstract No. 555 and a part of the S. A. Pritchett Survey,
Abstract No. 1021, situated about 4 miles south 35 degrees west from
the courthouse in Denton County, Texas; and embracing Parcel No. 1,
Parcel No. 2 and Parcel No. 3 described in the deed to Henry S. Miller
Company recorded in volume 2240, page 481 of the Denton County Deed
Records.
Beginning at the southeast corner of said J. E. Edmonson Survey in the
middle of a County Road for the southeast corner of said Parcel No. 1,
from which an 8" pipe post bears north 88 degrees-50 1/2 minutes west
30-5/10 feet.
Thence north 88 degrees-50 1/2 minutes west, to and along a fence for
the south line of said Parcel No. 1, a distance of 2658-8/10 feet to a
1" iron on the west side of a corner post of a fence, for the south-
west corner of said Edmonson Survey and the southeast corner of said
5 A Pritchett Survey and southerly southwest corner of said Parcel
No. 1
Thence north no degrees-33 minutes east, along the common line of said
Edmonson and Pritchett Surveys for the southerly west line of said
Parcel No. 1, a distance of 2217-5/10 feet to a 1" iron on the east
side of an old 10" Oak corner post of a fence for a reentrant corner
of said Parcel No. 1.
Thence north 89 degrees-07 minutes west, along a south line of said
Parcel No. 19 a distance of 1997-5/10 feet to a 1" iron for the
westerly southwest corner of said Parcel No. 1 and the southerly
southeast corner of the 42-526/1000 acres tract described in the deed
to the Itate of Texas for highway right of way recorded in volume 529,
page 538 of the said Deed Records.
Page 3
Thence northerly along the westerly line of said Parcel No. 1 and
easterly line of said State of Texas tracts
north 27 degrees-24 minutes east 67-4/10 feet;
north 30 degrees-31 minutes east 599-9/10 feet to a damaged
highway monument;
north 77 degrees-38 minutes east 312-5/10 feet to a highway
monument;
north 27 degrees-43 minutes east 644-5/10 feet to a highway
monument;
north 17 degrees-37 minutes west 183-1/10 feet to a damaged
highway monument;
north 62 degrees-28 minutes west 139-2/10 feet to a highway
monument;
north 27 degrees-28 minutes east 426 feet to a highway
monument;
north 22 degrees-23 minutes east 99-7/10 feet to a damaged
highway monument;
north 27 degrees-37 minutes east 1270-5/10 feet to a 1" iron
in the north line of said Pritchett Survey and for the
northwest corner of said Parcel No. 1.
Thence south 89 degrees-02 minutes east, along the said north line of
Pritchett Survey, to and along the north line of said Harris Survey,
for the north line of said Parcel No. 1, a distance of 3061-8/10 feet
to a 1'" iron for the northeast corner of said Harris Survey and said
Parcel No. 1.
Thence south no degrees-08 minutes west, to and along the said middle
of County Road, being along the east line of said Harris Survey, to
and along the east line of said Edmonson Survey for the east line of
said e o
beginningandcontaining distance 401 23/100 5acres /of which 3-96/100 acres place lie
within said County Road, leaving 397-27/100 acres exclusive of said
Road.
Page 4
TRACT IV
Beginning at a 1" iron on the northwest side of a corner poet of a
fence for the northwest corner of said Parcel No 2 and by previous
dead call to be the northwest corner of said S. A. Pritchett Survey,
Abstract No 1021
Thence south 89 degrees-02 minutes east, along the north line of said
Pritchett Survey for the north line of said Parcel No. 29 a distance
of 1602-6/10 feet to a 1" iron for the northeast corner of said Parcel
No. 2 and the northerly northwest corner of the 42-526/1000 acres
tract described in the deed to the State of Texas for highway right of
way recorded in volume 529, page 536 of the said Deed Records.
Thence southwesterly along the easterly line of said Parcel No 2 and
westerly line of said State of Texas tracts
south 27 degrees-33 minutes west 789-3/10 feet to a damaged
highway monument;
south 37 degrees-33 minutes west 405-2/10 feet to a highway
monument;
south 27 degrees-44 1/2 minutes west 424-4/10 feet to a
highway monument;
north 62 degrees-24 minutes west 490-2/10 feet to a damaged
highway monument for a northwest corner of said State of
Texas tract in the north line of the right of way of the
Denton to Pander Road.
Thence north 61 degrees-52 minutes west, along the said north line of
right of way of the Ponder Road for a southwesterly line of said
Parcel No. 2, a distance of 423-8/10 feet to a 1" iron for the
southwest corner of said Parcel No. 2.
Thence north no degrees-53 minutes east, along the west line of said
Parcel No. 2, a distance of 996-8/10 feet to the place of beginning
and containing 35-6/10 acres.
TRACT V
Beginning at a 3/4" iron for the southwest corner of said Parcel No. 3
and being by deed call in the west line of said S. A. Pritchett
Survey, Abstract No. 1021.
Page 5
Thence north no degrees-53 minutes
Parcel No. 30 a distance of 1963
corner of said Parcel No. 3 in the
the Denton to Ponder Road.
east, along the west line of said
feet to a 1" iron for the northwest
Southerly line of right of way for
Thence south 62 for th mnortherly tlineo of tsaida parcelhNo.y 30 na
of right of w wayp ,
the t42-526/1000 acres ttract idescribed mintthe dead utowthe State Of
Texas for highway right of way recorded in volume 529, page 538 of the
said Deed Records.
Thence
Parcel No. 3eandesaidawesterlywlinerof State of Texasetract:ns of said
south 38 degrees-26 minutes east 208-5/10 feet;
south 6 degrees-10 1/2 minutes west 204 feet to a 7/8" iron;
south 27 degrees-39 minutes west 400-2/10 feet to a highway
monument;
south 27 degrees-41 minutes east 351-5/10 feet to a damage
highway monument;
south 27 degrees-40 minutes west 856-5/10 feet to a 1" iron
for the southerly asout west corner offsaid iState of Texas tract. the
I
Thence north 89 degrees-07 minutes west, along the south line of said
Parcel No. 3, a distance of 47-1/10 feet to the place of beginning and
containing 13-83/100 acres.
Page 6
EXHIBIT "B"
SERVICE PLAN
Annexation Number A-59
Acreage Proposed For Annexation. 136712 Acres
Site Location
North of Crawford Road at the
intersection of I-35W and FM 2449
A Police Services
Patrolling, response to calls, and other routine services will be provided on
the effective date of the annexation, using existing personnel and equipment
As development and construction commence within this area, sufficient police
personnel and equipment will be provided to funush this area the maximum
level of police services consistent with the characteristics of topography, land
utilization, and population densities within the area as determined by the
City Council within four and one-half (41/2) years from the date of
annexation, or upon commencement of development within the area,
whichever occurs first
3 Upon ultimate development of the area, the same level of police services will
be provided to this area as are fiumshed to comparable areas within the City
B Fire protection and Emergency Medical Services (EMS)
1 Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances
from existing fire stations, will be provided to this area on the effective date
of the annexation
2 As development and construction of subdivisions commences within this area,
sufficient fire and emergency ambulance equipment will be provided to
furnish this area the maximum level of fire and emergency ambulance
services consistent with the characteristics of topography, land utilization,
and population densities of the area, as determined by the City Council,
within four and one-half (41/2) years from the date of the annexation, or
upon commencement of development within this area, whichever occurs first
3 Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to
comparable areas within the City
C Water/Wastewater Services
Water and wastewater services will be extended to the property in accordance
to the City's master utility plan and Article 4 09 of the Subdivision and Land
Development Regulations
Developers shall pay the actual cost of all water and sewer main extensions,
lift stations and other necessary facilities required to serve their development
in accordance with the City's master utility plan and the Subdivision and
Land Development Regulations
The City may participate in the cost to oversize water and sewer mams
subject to fund availability and approval of the City Council
Where water or sewer main extensions, lift stations, force mams or other
necessary facilities are installed by the developer, the developer shall be
entitled to reimbursement of the cost of such facilities from pro-rata charges
paid by persons connecting to or using such facilities to serve their property,
according to the Subdivision and Land Development Regulations
D Solid Waste Collection
Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 60 days of
the effective date of annexation
2 As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall
be provided to this property in accordance with then current policies of the
City as to frequency, charges and so forth
E Streets and Roads
1 The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation
2 Routine maintenance of streets and roads will begin in the annexed area on
the effective date of annexation using the standards and level of service as
currently applied to comparable areas of the City
Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore is determined by the City Council or
Manager, will be accomplished under the established policies of the City
4 Traffic signals, signage and other traffic control devices will be installed as
the need therefore is established by appropriate study and traffic siandards
5 Street and road lighting will be installed in the substantially developed areas
in accordance with the established policies of the City
F Environmental Health and Code Enforcement Services
Enforcement of the City s environmental health ordinances and regulations
including, but not limited to the grass and weed ordinance, garbage and
trash ordinance, junked vehicle ordinance, sign ordinance, food handler
ordinance, animal control ordinance, and the tree preservation ordinance
shall be provided within this area on the effective date of the annexation
These ordinances and regulations will be enforced through the use of existing
personnel
2 Building, plumbing, electrical, gas, and all other construction code-, as may
be adopted by the City, will be enforced within this area beginning with the
effective date of the annexation Existing personnel will be used to provide
these services
3 The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation
4 All inspection services provided by the City of Denton, but not mentioned
above, will be provided to this area beginning on the effective date of the
annexation Existmg personnel will be used to provide these services
5 Flood damage mitigation will be provided by existing codes and of dmances
of the City as of the effective date of the annexation
6 As development and construction commence within this area, sufficient
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City
G Planning and Development Services
The zoning jurisdiction of the City will extend to the annexed area on the
effective date of annexation A Planned Development (PD) zoning district
designation is anticipated for this area
I Parks and Recreation Services
Residents of the newly annexed area may use all recreation facilities, mcludmg
parks and swimming pools throughout the City, on the effective date of the
annexation The same standards and policies now used within the City will be
followed in the maintenance of parks, playgrounds and swimming pools
J Electrical Distnbution
Electrical power will be made available to the site as required, at the same level
of service currently being provided to comparable areas within the City
K Miscellaneous
Street names and sign will be installed, if required, approximately six (6)
months after the effective date of annexation
Residents of the newly annexed area may use all publicly owned facilities,
buildings or services within the city on the effective date of the annexation All
publicly owned facilities, buildings or services will be maintained in accordance
with established standards and policies now used in the City
L CaRital Improvements Pro&= (CIP)
The CIP of the City is prioritized by such policy guidelines as
1 Demand for services 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 technical standards and professional
studies
2 The overall cost-effectiveness of providing a specific facility or service
The annexed area will be considered for CIP improvements in the upcoming CIP
plan The annexation area will be considered according to the same established
criteria as all other areas of the City