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1986-1291383L NO AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 142 0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MORREAU FORREST SURVEY, ABSTRACT NO 417, AND THE GIDEON WALKER SURVEY, ABSTRACT NO 1330, DENTON COUNTY, TEXAS, CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY, AND DECLARING AN EFFECTIVE DATE WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and incor- porated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton and Oakhill Joint Venture, and WHEREAS, an opportunity was afforded, at a ublic hearing held for that purpose on the _J day of 1986 in the Council Chambers for all interested per ons to state their views and present evidence bearing upon the annexation provided by this ordinance, and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the day of , 1986 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the an xation provided by this ordinance, and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the tract of land described in said Exhibit "All be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City SECTION II The property described in Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly SECTION III Should any section or part of this ordinance be held uncon- stitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconsti- tutionality, illegality, invalidity or ineffectiveness of such A-35/OAKHILL JOINT VENTURE/PAGE ONE section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect, and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City Provided, further, that if there is included within the general description of territory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein SECTION IV This ordinance shall be effective passage Introduced before the City Council immediately upon its on the (Y~ day of 1986 PASS AND APPROVED by the City Council on the day of 1986 ATTEST CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS MAYOR CITY F DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY ~ 1> q~IJUl?2/ 377 e A-35/OAKHILL JOINT VENTURE/PAGE TWO EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the County of Denton State of Texas, and being part of the Morreau Forrest Survey, Abstract 417, and the Gideon Walker Survey, Abstract 1330, and being more fully described as follows BEGINNING at a point lying in the present city limits, said point lying at the intersection of the East boundary line of the tract described in Ordinance 83-134, with a point lying 250 feet Northeast of and perpendicular to the center line of F M 426 (McKinney Street), THENCE Southeasterly, 250 feet Northeast of and parallel to the center line of F M 426 the following 7 courses and distances (1) South 53° 43' East, 712 47 feet to a point, said point being the beginning of a curve to the left with a radius of 5,479 50 feet, central angle of 3° 381, and a chord bearing of South 550 32' East, 347 42 feet, (2) Southeast along said curve an arc distance of 347 50 feet to a point, (3) South 57° 21' East, 786 6 feet to a point, said point being the beginning of a curve to the right with a radius of 1,523 24 feet, a central angle of 140 431, and a chord bearing of South 49° 59' 30" East, 390 18 feet, (4) Southwest along said curve passing the South boundary line of said M Forrest Survey, same being the North boundary line of said Gideon Walker Survey, and also crossing a county road and continuing an arc distance of 391 26 feet to a point, (5) South 42° 38' East, 1,947 50 feet to a point, said point being the beginning of a curve to the left with a radius of 791 24 feet, a central angle of 30° 0', and a chord bearing of South 57° 38' East, 409 58 feet, (6) Southeast along said curve an arc distance of 414 29 feet to a point, (7) South 72° 38' East, 1,220 06 feet to a point for corner, said point lying in the present city limits as established by Ordinance 85-210, Tract I, said point also lying in the East boundary line of said Gideon Walker Survey, THENCE South 0° 45' 09" West along said present city limits and the East boundary line of said survey, a distance of 233 83 feet to a point for corner, said point lying in the Northeast right-of-way of F M 426, THENCE South 150 19' 02" East along said present city limits and said survey line crossing said F M 426 a distance of 137 12 feet to a point for corner, THENCE South 11 30' 37" West along said lines a distance of 226 11 feet to a point for corner, said point lying 250 feet Southwest of and perpendicular to the center line of F M 426, THENCE Northwesterly 250 feet Southwest of and parallel to the center line of F M 426 the following 4 courses and distances, (1) Northwest along a curve to the left with a radius of 704 93 feet, a central angle of 23° 241, an arc length of 282 98 feet, a chord bearing of North 600 56' West, 280 98 feet to a point, (2) North 72° 38' West, 1,147 6 feet to a point, said point being the beginning of a curve to the right with a radius of 1,291 74 feet, central angle of 30° 0' and a chord bearing of North 570 38' West, 668 65 feet, (3) Northwest along said curve an arc distance of 676 48 feet to a point, (4) North 420 38' West, 861 57 feet to a point for corner, said point lying in the East boundary line of a tract conveyed to A-35/OAKHILL JOINT VENTURE Daniel H Bailey by deed dated 11-25-78, and recorded in Volume 917, page 381 of the Deed Records of Denton County, Texas, THENCE South 1° 46' 43" West along the East boundary line of said tract, a distance of 4,210 17 feet to a point for corner, said point being the Southeast corner of said tract, THENCE North 890 22' 35" West along the South boundary line of said tract a distance of 135 38 feet to a point in the middle of Pecan Creek, THENCE Northwesterly along the South and West boundary line of said tract, same being the middle of Pecan Creek, the following 8 courses and distances, (1) North 21° 02' 43" West, 187 49 feet, (2) North 35° 28' 08" West, 73 37 feet, (3) North 63° 27' 14" West, 181 01 feet, (4) South 61° 44' 31" West, 93 55 feet, (5) North 641 10' 43" West, 224 81 feet, (6) North 72° 36' 15" West, 76 07 feet, (7) North 05° 59' 16" West, 53 31 feet, (8) North 06° 53' 32" East, 380 63 feet to a bend in Pecan Creek, THENCE North 010 48' 48" East continuing along the West boundary line of said tract a distance of 2,796 61 feet to a point, THENCE North 010 44' 02" East continuing along the {Vest boundary line of said tract a distance of 1,376 66 feet to a point for corner, said point lying 250 feet Southwest of and perpendicular to the center line of F M 426, THENCE Northwesterly, 250 feet Southwest of and parallel to the center line of F M 426, the following 5 courses and distances, (1) North 42° 38' West, 15 36 feet to a point, said point being the beginning of a curve to the left with a radius of 1,023 24 feet, a central angle of 14° 43', and a chord bearing of North 49° 59' 30" West, 262 10 feet, (2) Northwest along said curve an arc distance of 262 82 feet to a point, (3) North 57° 21' West, 786 6 feet to a point, said point being the beginning of a curve to the right with a radius of 5,979 58 feet, a central angle of 30 38', and a chord bearing of North 55° 32' West, 379 12 feet, (4) Northwest along said curve an arc distance of 379 24 feet to a point, (5) North 53° 43' West, 346 53 feet to a point for corner, said point lying in the present city limits as established by Ordinance 83-134, THENCE North 0° 05' East along the present city limits crossing said F M 426 (McKinney Street) a distance of 619 61 feet to the place of beginning and containing 142 0 acres of land more or less A-35/OAKHILL JOINT VENTURE PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area, and WHEREAS, the City of Denton 1s contemplating annexation of an area which is bounded as shown on a map of the proposed annexation NOW, THEREFORE, BE IT RESOLVED BY THE CITY COLNCIL OF THE CITY OF DENTON, TEXAS Section 1 Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service I Basic Service Plan A Police (1) Patrolling, radio resoonses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation, (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards B Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation C Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13 06 of appendix 9 of the code of the City of Denton, Texas D Sewer (1) Properties in the annexed areas will be connected to sewer lines it accordance with article 13 06 of appendix A of the code of the City of Den~un, Texas E Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation Service Plan Annexed Areas Page two F Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc ) will begin on the effective date of annexation (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city G Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc ) will begin in the annexation area on the effective date of annexation H Planning and Zoning (1) The Planning and Zoning jurisaiction of the city will extend to the annexed area on the effective date of annexation City planning will thereafter encompass the annexed area I Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city J Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc , on the effec- tive date of annexation The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city K Electric Distribution (1) The city recommends the use of City of Denton for electric power service Plan Annexed Areas Page three II L. Miscellaneous (1) Street name signs where needed within approximately 6 months date of annexation Capital Improvement Program (CIP) will be installed after the effective The CIP of the City consists of a five year plan that is up- dated yearly The Plan is prioritized by such policy guide- lines as (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities (2) Impact on the balanced growth policy of the city (3) Impact on overall city economics The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city