2010-117
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AmendedbyOrdinanceNo.201623208/16/16JR
sAour documents\ordinances\10\paal annexing parcel.doc
ORDINANCE NO. 2010-117
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS PAA1 OF APPROXIMATELY 1,171 ACRES (LESS THOSE
PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF JIM
CHRISTAL ROAD, THE NORTH SIDE OF TOM COLE ROAD, WEST OF MASCH
BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A"
ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING
CITY LIMITS OF THE CITY OF DENTON, TEXAS, AND WHICH CONTAINS FEWER
THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL
DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR INCLUSION OF A
SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN- PAA1
SUBJECT TO NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE
MANAGEMENT OR TIMBERLAND USE FROM THE ANNEXATION; PROVIDING FOR
CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a
home rule city is authorized to annex certain areas that are not required to be in an annexation
plan; and
WHEREAS, this annexation is under the annexation procedures for areas exempted from
an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and
WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts
of land on which one or more residential dwellings are located on the PAA1 tract in the area to
be annexed; and
WHEREAS, the Denton City Council finds that the annexation will allow the city to
ensure development consistent with The Denton Plan as it is now written, or as it may be
modified by the City from time to time; and
WHEREAS, all required notices, including written notice of intent to annex said area to
each property owner, each public entity and each railroad company within said area as required
by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and
requirements for such annexation have been had in accordance with applicable law; and
WHEREAS, the City has prepared a service plan for the area to be annexed in accordance
with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area,
which service plan was made available to the public and explained at the scheduled public
hearings; and
WHEREAS, offers of non-annexation development agreements have been made to the
owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which
properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife
management or timberland as required by Section 43.035, Subchapter B, Local Government
Code; and
t 5, sAour documents\ordinances\10\paal annexing parcel. doc
WHEREAS, the City Council, by prior action, has approved certain non-annexation
agreements executed by eligible property owners within PAA1; and
WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in
areas annexed under this Ordinance, or in areas subject to non-annexation agreements within
PAA 1 approved by prior action, shall be subject to the protections and limitations imposed by
§43.002 of the Texas Local Government Code, as well as those protections afforded by
Subchapter 11 of the Denton Development Code, to the extent it is applicable; and
WHEREAS, under the previously approved non-annexation agreements between an
eligible property owner and the City, the lands subject to the agreements retain their
extraterritorial status and the owners of such lands must abide by the City's development
regulations as if such lands were within the City limits, as provided further in such agreement;
and
WHEREAS, the land which is adjacent or contiguous to an area subject to a non-
annexation agreement is considered adjacent or contiguous to the City for . purposes of
annexation; and
WHEREAS, the City Council of the City of Denton deems it to be in the best interests of
the citizens of the City of Denton to annex said territory into the City of Denton, save and except
those properties subject to prior approved non-annexation agreements within PAA1; NOW,-
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as PAA1, as described in Exhibit "A", attached hereto and
incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein
(except that if there is conflict between the Exhibits, "A" shall control), save and except for those
properties described in Exhibit "C", which are subject to certain non-annexation agreements,
executed by property owners within PAA1 and previously approved by the City, due to their use
for agricultural, wildlife management or timberland purposes as described in Section 43.035,
Subchapter B, Local Government Code, is hereby ANNEXED to and included within the
corporate limits of the City of Denton, Texas.
SECTION 3. A service plan prepared in accordance with applicable provisions of state
law pertaining to annexation is attached hereto as Exhibit "D" and, made a part hereof for all
intents and purposes.
SECTION 4. The City Manager is hereby authorized and directed to immediately correct
the map of the City of Denton by adding thereto the additional territory. annexed by this
Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and
the ETJ resulting from such boundary extensions.
Page 2
sAour documents\ordinances\10\paal annexing parcel.doc
SECTION 5. This Ordinance shall be become effective upon final passage by the City
Council.
SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the
City relating to approval of any non-annexation agreement associated with properties contained
within PAA 1.
AND IT IS SO ORDERED.
"
Passed by the City Council on 1st reading this ,,/.day of , 2010.
Passed by the City Council on 2nd reading this day of , 2010.
MARK A. U- kR--O Gff S, MAYOR
ATTEST:
.JENNIFER WALTERS, CITY SECRETARY
e
BY:
APPR ED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 3
EXHIBIT A
Annexation Tract PAA1 (Page 1 of 2)
BEGINNING at point at the northwest corner of tract described in Ordinance 2006-205,
and further described in said Ordinance as a 1/2 inch pin in the Center of Tom Cole Road
(east-west road) and C. Wolfe Road from the south;
THENCE South 88° 55' 44" East , along the present Denton city limit line as established
by Ordinance 2006-205 and being the northerly line of the tract described in Ordinance
2006-205, a distance of 4,685.36 feet, generally with center of said Tom Cole Road to an
"x" cut in a concrete bridge;
THENCE continuing along the northerly line of the property described in Ordinance
2006-205, and further described in said Ordinance as North 89° 43' 13" East, a distance
of 2,591.29 feet, generally with the center of said Tom Cole Road, to a point described in
Ordinance 2006-205 as a 3/4 inch iron pin set at the northeast corner of the property
described in Ordinance 2006-205, said point also being described in Ordinance 69-40
(Tract I) as the southeast corner of the David Davis Survey, Abstract 356;
THENCE northerly along the easterly line of the said David Davis Survey, said line also
being the westerly line of the Wm. Wilburn Survey, Abstract 1419, along the present
Denton city limit line as established by Ordinance 1969-40 (Tract 1) a distance as
described in Ordinance 69-40 as 2,642 feet to a point being the northeast corner of the
said David Davis Survey;
THENCE westerly, along the present Denton city limit line as established by Ordinance
1969-40 (Tract 1) along the northerly line of the said David Davis Survey and described
in Ordinance 69-40 as a distance of 341 feet to a point for corner, said point described in
Ordinance 69-40 (Tract I) as the southwest corner of the said Wm. Wilburn Survey;
THENCE northerly along the present Denton city limit line as established by Ordinance
1969-40 (Tract I) and along the westerly line of the said Wm. Wilburn Survey a distance
of 1,853 feet to a point described in Ordinance 69-40 as the southeast corner of the M.H.
Davis Survey, Abstract Number 377, and also described as the northeast corner of a tract
of land conveyed to Malcolm M. Long by deed recorded in Volume 389, Page 389 of the
Deed Records of Denton County, Texas, said point also being the southeast corner of an
City of Denton annexation tract established and described by Ordinance 1983-90;
THENCE South 89° 28' 15" West, along the present Denton city limit line as established
by Ordinance 1983-90 a distance of 2,359.92 feet (as described in Ordinance 83-90) to a
point for a corner;
THENCE North 00° 05' 54" West, along the present Denton city limit line as established
by Ordinance 1983-90, a distance of 600.48 feet (as described in Ordinance 83-90) to a
point for a corner;
Annexation Tract PAA1 (Page 2 of 2)
THENCE West, along the present Denton city limit line as established by Ordinance
1983-90, a distance of 675.60 feet (as described in Ordinance 83-90) to a point for a
corner lying in the middle of Hickory Creek;
THENCE North, along the present Denton city limit line as established by Ordinance
1983-90, and along the middle of Hickory Creek with its meanders to the center of Jim
Christal Road (as described in Ordinance 83-90) to a point for a corner, said point also
lying on the south line of a City of Denton annexation tract established and described by
Ordinance 1986-48;
THENCE North 89° 55' 00" West with said Jim Christal Road, along the present Denton
city limit line as established by Ordinance 1886-48, also being the southerly line of the
E.A. Orr Survey, Abstract Number 983, a distance of 3,435 feet to a point for a corner,
said point being the southwest corner of said Ordinance 1986-48 annexation tract;
THENCE South a distance of 30 feet to a point in the south right-of-way line of Jim
Christal Road;
THENCE West, along the south right-of-way line of Jim Christal Road a distance of 475
feet to a point for corner, said point being the intersection of the south right-of-way of
Jim Christal Road and the east right-of-way line of C. Wolfe Road;
THENCE in a southerly direction, along courses and distances of the easterly implied
right-of-way line of C. Wolfe Road, a total distance of 7,875 to a point for corner, said
point being the intersection of the east right-of-way line of C. Wolfe Road and the north
right-of-way line of Tom Cole Road;
THENCE East, along the north right-of-way line of Tom Cole Road a distance of 500
feet to a point for corner;
THENCE South, crossing Tom Cole Road midway, a distance of 25 feet to the POINT
OF BEGINNING and containing 1,152 acres of land.
EXHIBIT B
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EXHIBIT C
SAOur DocumentsWisceilaneous\IOWnnerationsle..xWbit c - paal.doc
PAA1- Exhibit "C"
1. Being 14.50 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated February 18, 2004 from Phillip E. Crombie and Desiree
A. Crombie to Leslie Buell, filed for record on February 23, 2004 and recorded in
Instrument Number 2004-22281 of the Real Property Records of Denton County, Texas.
Said 14.50 acres of land, more or less, is commonly known as DCAD Property ID
170982.
2. Being 12.611 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated May 29,
1997 from Andrew J. Strickland and wife, Terry L. Strickland to Deborah June Cottle
and Jon Michael King, filed for record on June 2, 1997 and recorded in Instrument
Number 97-R0036121 of the Real Property Records of Denton County, Texas. Said
12.611 acres of land, more or less, is commonly known as DCAD Property ID 173419.
3. Being 5.433 acres of land, more or less, situated in the David Davis Survey, Abstract No.
356, Denton County, Texas, and being more fully described in that certain General
Warranty Deed dated July 9, 1999 from Loe, Warren, Rosenfield, Kaitcher & Hibbs, P.C.
to Henry L. Evans, Jr., filed for record on July 26, 1999 and recorded in Volume 4388,
Page 22 of the Real Property Records of Denton County, Texas. Said 5.433 acres of
land, more or less, is commonly known as DCAD Property ID 164577.
4. Being 159.513 acres of land, more or less, situated in the David Davis Survey, Abstract
No. 356, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated April 20, 1990 from Polygon Enterprises, Inc. to First Interstate Bank of Fort
Worth, N. A., Trustee, filed for record on April 30, 1990 and recorded in Volume 2771,
Page 452 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: 17.2878 acres of land, more or less, situated in the David
Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully
described in that certain Warranty Deed dated February 11, 1992 from First
Interstate Bank of Fort Worth, N. A., Trustee of the Billie Gregory IRA Rollover
to Loe, Warren, Rosenfield, Catterton & Knitter, P.C., filed for record on March
45 1992 and recorded in Volume 3171, Page 417 of the Real Property Records of
Denton County, Texas.
The remaining 142.2252 acres of land, more or less, is commonly known as DCAD
Property ID 36643.
5. Being 6.205 acres of land, more or less, situated in the David Davis Survey, Abstract No.
356, Denton County, Texas, and being more fully described in that certain Warranty
Page 1
S:10ur Documents)Miscellaneous\10\AmerationslcxWbit c - paal.doc
Deed dated April 20, 1990 from Polygon Enterprises, Inc. to Billie Gregory, filed for
record on April '30, 1990 and recorded in Volume 2771, Page 448 of the Real Property
Records of Denton County, Texas. Said 6.205 acres of land, more or less, is commonly
known as DCAD Property ID 160701.
6. Being 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey,
Abstract No. 1366, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated April 24, 1975 from W.T. Hall, Jr. and wife, Dorothy R. Hall to
Jack B. Hall and Cynthia A. Hall, filed for record on April 30, 1975 and recorded in
Volume 743, Page 92 of the Real Property Records of Denton County, Texas. Said 5.000
acres of land, more or, less, is commonly known as DCAD Property ID 64431.
7. Being 5.00 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract
No. 1366, Denton County, Texas, with an undivided one-half (1/2) interest being conveyed
and described in that certain Warranty Deed dated March 8, 2001 from Dorothy Hall to
Thomas Kent Hall and Penny Yvonne Hall, filed for record on March 13, 2001 and
recorded in Volume 4793, Page 2236 of the Real Property Records of Denton County,
Texas; and the other undivided one-half ('/2) interest in the said 5.00 acre tract of land,
more or less, being conveyed to Thomas Kent Hall and Penny Yvonne Hall and described
in that certain Deed dated August 15, 2006 from Dorothy B. Hall, as Successor Trustee of
the William T. Hall, Jr. and Dorothy B. Hall Revocable Hall Revocable Living Trust
under Trust Agreement dated March 7, 1994, filed August 16, 2006 and recorded in
Instrument No. 2006-100817 of the Real Property Records of Denton County, Texas.
Said 5.00 acres of land, more or less, is commonly known as DCAD Property ID 232464.
8. Being 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey,
Abstract No. 1366, Denton County, Texas, and being more fully described in that certain
Warranty Deed from William T. Hall, Jr. and wife, Dorothy Rose Hall to William T.
Hall, III and wife, Cynthia J. Hall, filed for record on February 16, 1977 and recorded in
Volume 822, Page 729 of the Real Property Records of Denton County, Texas. Said
5.000 acres of land, more or less, is commonly known as DCAD Property ID 64432.
9. Being 160 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract
No. 1366, Denton County, Texas, and being more fully described in that certain
Assumption Warranty Deed dated March 10, 1953 from W.T. Hall, Sr. and wife, Mamie
Hall to W.T. Hall, Jr. and wife, Dorothy Hall, filed for record on March 28, 1953 and
recorded in Volume 386, Page 114 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT: A 5.000 acre tract of land, more or less, situated in the
Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being
more fully described in that certain Warranty Deed dated April 24, 1975 from
W.T. Hall, Jr. and wife, Dorothy R. Hall to Jack B. Hall and Cynthia A. Hall,
filed for record on April 30, 1975 and recorded in Volume 743, Page 92 of the
Page 2
S:\Our Documents\Miscellaneous\10\Anne..xationslexhibit c - paa I.doc
Real Property Records of Denton County, Texas. Said 5.00 acres of land, more or
less, is commonly known as DCAD Property ID 64431.
Additionally SAVE & EXCEPT: A 5.000 acre tract of land, more or less, situated
in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and
being more fully described in that certain Warranty Deed from William T. Hall,
Jr. and wife, Dorothy Rose Hall to William T. Hall, III and wife, Cynthia J. Hall,
filed for record on February 16, 1977 and recorded in Volume 822, Page 729 of
the Real Property Records of Denton County, Texas. Said 5.00 acres of land,
more or less, is commonly known as DCAD Property ID 64432.
Additionally SAVE & EXCEPT: A 5.00 acre tract of land, more or less, situated
in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, with
an undivided one-half ('/2) interest being conveyed and described in that certain
Warranty Deed dated March 8, 2001 from Dorothy Hall to Thomas Kent Hall and
Penny Yvonne Hall, filed for record on March 13, 2001 and recorded in Volume
4793, Page 2236 of the Real Property Records of Denton County, Texas; and the
other undivided one-half ('/2) interest in the said 5.00 acre tract of land, more or
less, being conveyed to Thomas Kent Hall and Penny Yvonne Hall and described
in that certain Deed dated August 15, 2006 from Dorothy B. Hall, as Successor
Trustee of the William T. Hall, Jr. and Dorothy B. Hall Revocable Hall Revocable
Living Trust under Trust Agreement dated March 7, 1994, filed August 16, 2006
and recorded in Instrument No. 2006-100817 of the Real Property Records of
Denton County, Texas. Said 5.00 acres of land, more or less, is commonly known
as DCAD Property ID 232464.
Additionally SAVE & EXCEPT: A 5.00 acre tract of land, more or less, situated
in the S. C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being
more fully described in that certain Warranty Deed dated October 31, 2006 from
Dorothy B. Hall, Trustee of the W.T. Hall, Jr. Share B Trust and Dorothy B. Hall,
Individually to Janet Hall, filed for record on November 2, 2006 and recorded in
Instrument Number 2006-135298 of the Real Property Records of Denton
County, Texas. Said 5.00 acres of land, more or less, is commonly known as
DCAD Property ID 304420.
The remainder of the 160 acres of land, more or less, and less that portion lying in roads,
is commonly known as DCAD Property ID 64425.
10. Being 5.000 acres of land, more or less, situated in the D. Davis Survey, Abstract No.
356, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated October 28, 1988 from Nettie Belle (Betty) Foster, Jessie (Jackie) Havenhill,
M. T. Klein, Jr. and Betty K. Norman to W. T. Hall, Jr., filed for record on November 29,
1988 and recorded in Volume 2492, Page 460 of the Real Property Records of Denton
County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD
Property ID 155005.
Page 3
SA0ur Documents\Miscellaneous\IOWnneradonskrhibit c - paal.doc
11. Being 115 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356,
Denton County, Texas, and being more fully described in that certain Warranty Deed
dated March 7, 1949 from L.L. Higgs and wife, Effie Higgs to W.T. Hall and wife,
Mamie Hall, filed for record on March 8, 1949 and recorded in Volume 349, Page 546 of
the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: 1.0 acre of land, more or less, situated in the D. Davis
Survey, Abstract No. 356, Denton County, Texas, and being more fully described
in that certain Warranty Deed with Vendor's Lien dated July 7, 1986 from
William T. Hall, Jr. and wife, Dorothy Hall to Richard S. Rafes and wife,
Tommye Lou Rafes, filed for record on July 9, 1986 and recorded in Volume
1926, Page 954 of the Real Property Records of Denton County, Texas. Said 1.0
acre of land, more or less is commonly known as DCAD Property ID 131514.
Additionally SAVE & EXCEPT: 5.000 acres of land, more or less, situated in the
D. Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully
described in that certain Warranty Deed dated October 28, 1988 from Nettie Belle
(Betty) Foster, Jessie (Jackie) Havenhill, M. T. Klein, Jr. and Betty K. Norman to
W. T. Hall, Jr., filed for record on November 29, 1988 and recorded in Volume
2492, Page 460 of the Real Property Records of Denton County, Texas. Said
5.000 acres of land, more or less is commonly known as DCAD Property ID
15505.
Additionally SAVE & EXCEPT: 42.41 acres of land, more or less, situated in the
D. Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully
described in that certain Warranty Deed dated February 2, 1996 from William T.
Hall, Jr. -and wife, Dorothy B. Hall to North Texas Research Institute, filed for
record on February 13, 1996 and recorded in Instrument Number 96-R0009769 of
the Real Property Records of Denton County, Texas. Said 42.41 acres of land,
more or less, is commonly known as DCAD Property ID 184755.
The remaining 66.59 acres of land, more or less, is commonly known as DCAD Property
ID 36641.
12. Being 10.000 acres of land, more or less, situated in the Gibson Myers Survey, Abstract
No. 843 and the A. Miller Survey, Abstract No. 887, Denton County,. Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated May 24,
1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Joe Burton Harris and
wife, Jean Ann Harris, filed for record on June 8, 1994 and recorded in Instrument
Number 94-R0046325 of the Real Property Records of Denton County, Texas. Said
10.000 acres of land, more or less, is commonly known as DCAD Property ID 173423.
1-3. Being 25.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract
No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being
Page 4
SAOur DocumentslMiscellaneous1101Annexationsle..xWbit c -paal.doc
more fully described in that certain Warranty Deed dated February 18, 1997 from Mark
Gardner and wife, Marilyn Gardner to Michael P. Pritchard and wife, Tammy D.
Pritchard, filed for record on February 19, 1997 and recorded in Instrument Number 97-
R0010658 of the Real Property Records of Denton County, Texas. Said 25.00 acres of
land, more or less, is commonly known as DCAD Property ID 168338 and DCAD
Property ID 168336, respectively.
14. Being 10.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract
No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated May 10,
1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Bruce Putnam and wife,
Donna Putnam, filed for record on May 17, 1994 and recorded in Instrument Number 94-
R0040313 of the Real Property Records of Denton County, Texas. Said 10.000 acres of
land, more or less, is commonly known as DCAD Property ID 174339.
15. Being 9.14 acres of land, more or less, situated in the I. McCormick Survey, Abstract No.
955, Denton County, Texas, and being more fully described in that certain Quit Claim
Deed dated March 20, 2008 from Eagle Oil & Gas Co. to Bert Yarbrough and Betty
Yarbrough Schluter, filed for record on March 28, 2008 and recorded in Instrument
Number 2008-57703 of the Real Property Records of Denton County, Texas. Said 9.14
acres of land, more or less, is commonly known as DCAD Property ID 36699.
16. Being the South one-half (1/2) of a 150.89 acre tract of land, more or less, situated in the
Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in that
certain Warranty Deed dated January 3, 1966 from Walter B. (Bud) Wolf; Grace
Yarbrough and husband, M.C. Yarbrough, Jr.; and Mabel Dickey and husband, G.C,.
Dickey, filed for record on January 25, 1966 and recorded in Volume 533, Page 544 of
the Real Property Records of Denton County, Texas. Said South one-half (1/2) of the
150.89 acre tract of land, more or less, is commonly known as DCAD Property ID 36702.
17. Being the North one-half (1/2) of the 150.89 acre tract of land, more or less, situated in
the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in
Tract 2 of that certain Settlement Agreement dated September 12, 2000 by and between
Jeraldine Covington, as Personal Representative of the Estate of Mabel W. Dickey,
Deceased, Jeraldine Covington, James Covington, Bert E. Yarbrough and Betty Schluter,
filed for record on September 12, 2001 and recorded in Volume 4920, Page 3183 of the
Real Property Records of Denton County, Texas. Said North one-half (1/2) of the 150.89
acre tract of land, more or less, is commonly known as DCAD Property ID 36705.
18. Being 152 acres of land, more or less, situated in the Ann E. Mays Survey, Abstract No.
844, Denton County, Texas, described in Tract 1 of that certain Settlement Agreement
dated September 12, 2000 by and between Jeraldine Covington, as Personal
Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington, James
Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September 12, 2001
and recorded in Volume 4920, Page 3183 of the Real Property Records of Denton
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County, Texas. Said 152 acres of land, more or less, is commonly known as DCAD
Property ID 37080 and DCAD Property ID 37077, respectively.
19. Being a called 132.433 acre tract of land, more or less, situated in the John Wright
Survey, Abstract No. 1365 and the David Davis Survey Abstract No. 356, Denton
County, Texas, and being more fully described in that certain Special Warranty Deed
with Vendor's Lien dated April 29, 1993 from Tarrant Bank to Joe Don Womack, filed
for record on May 4, 1993 and recorded in Instrument Number 93-R0026909 of the Real
Property Records of Denton County, Texas. Said 132.433 acre tract of land, more or less,
is commonly known as DCAD Property ID 36709 and DCAD Property ID 36638,
respectively.
20. Being 10.00 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated September 3, 1997, to be effective September 5, 1007,
from Lamar M. Lex and wife, Angela Lex to Brian Zimmerman and wife, Cynthia
Zimmerman, filed for record on September 5, 1997 and recorded in Instrument Number
97-R0062116 of the Real Property Records of Denton County, Texas. Said 10.00 acres
of land, more or less, is commonly known as DCAD Property ID 173432 and DCAD
Property ID 173433, respectively.
21. Being 15.00 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated November
11, 1993 from Eagle Farms, Inc. to Gary Wiley and wife, Tamara Wiley, filed for record
on November 24, 1993 and recorded in Instrument Number 93-R0085412 of the Real
Property Records of Denton County, Texas. Said 15.00 acres of land, more or less, is
commonly known as DCAD Property ID 170983 and DCAD Property ID 170981,
respectively.
Note: See the certified copy of the Final Decree of Divorce in the Matter of the
Marriage of Tamara Sue Wiley and Gary Wayne Wiley, Cause No. 2001-10228-
16, filed for record on June 25, 2001 and recorded in Volume 4865, Page 3034 of
the Real Property Records of Denton County, Texas.
22. Being 10.036 acres of land, more or less, situated in the Gibson Myers Survey, Abstract
No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated May 4,
1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Charles L. Gregory and
wife, Mary R. Gregory, filed for record on May 11, 1994 and recorded in Instrument
Number 94-R0038707 of the Real Property Records of Denton County, Texas. Said
10.036 acres of land, more or less, is commonly known as DCAD Property ID 173418.
23. Being 5.136 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being
Page 6
S10ur DocumentsMscellaneousv0lAnne..aadonskrhibit c - paal.doc
more fully described in that certain Warranty Deed with Vendor's Lien dated August 6,
2001 from Delbert H. Wiley and Ruth A. Wiley to Norberto Ruiz, Maria de Jesus A.
Ruiz, Jose Alfredo Pena and Silvia Ruiz Pena, filed for record on August 9, 2001 and
recorded in Volume 4897, Page 2123 of the Real Property Records of Denton County,
Texas. Said 5.136 acres of land, more or less, is commonly known as DCAD Property ID
36651 and DCAD Property ID 301899.
SAVE & EXCEPT: A 2.567 acre tract of land, more or less, situated in the
Gibson Meyers Survey, Abstract No. 843, Denton County, Texas, and being more
fully described in that certain Warranty Deed dated June 15, 2006 from Norberto
Ruiz and Maria De Jesus A. Ruiz, husband and wife to Jose Alfredo Pena and
Silvia Ruiz Pena, husband and wife, filed for record on June 16, 2006 and
recorded in Instrument No. 2006-72743 of the Real Property Records of Denton
County, Texas. Said 2.567 acres of land, more or less, is commonly known as
DCAD Property ID 301899.
24. Being Lot 1, Block A, Williamson Estates, an Addition to Denton County, Texas,
according to the map or plat thereof recorded in Cabinet L, Slide 278 of the Plat Records
of Denton County, Texas, and conveyed in that certain Warranty Deed with Vendor's
Lien dated March 3, 1999 from Jeffrey R. Goff and Mary Amanda Goff to Joey Wayne
Hurst a/k/a Joey Hurst and Daphne D. Hurst, filed for record on March 4, 1999 and
recorded in Volume 4289, Page 2139 of the Real Property Records of Denton County,
Texas. Said Lot 1, Block A, Williamson Estates is commonly known as DCAD Property
ID 173015.
25. Being 30.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated May 3, 1994 from Eagle Farms, Inc., and John Porter
Auto Sales, Inc. to Joey Hurst and Daphne Hurst, filed for record on May 5, 1994 and
recorded in Instrument Number 94-R0036941 of the Real Property Records of Denton
County, Texas. Said 30.000 acres of land, more or less, is commonly known as DCAD
Property ID 173429.
26. Being 2.567 acres of land, more or less, situated in the Gibson Meyers Survey, Abstract
No. 843, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated June 15, 2006 from Norberto Ruiz and Maria De Jesus A. Ruiz, husband and
wife to Jose Alfredo Pena and Silvia Ruiz Pena, husband and wife, filed for record on
June 16, 2006 and recorded in Instrument No. 2006-72743 of the Real Property Records
of Denton County, Texas. Said 2.567 acres of land, more or less, is commonly known as
DCAD Property ID 301899.
27. Being 6.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated May 11, 2004 from Charles Howell and wife, Kami
Howell to Patrick J. C De Baca and wife, Laura C De Baca, filed for record on May 28,
Page 7
SAOur DocumentslMiscellaneous\IOWnne..xationslexNbit c - paal.doc
2004 and recorded in Instrument Number 2004-70011 of the Real Property Records of
Denton County, Texas. Said 6.000 acres of land, more or less, is commonly known as
DCAD Property ID 179482.
28. Being 12.456 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described as Tract I in that certain
Warranty Deed with Vendor's Lien dated January 2, 1998 from John Porter Farms, Inc.
to Larry Pockrus and Ladonna Pockrus, filed for record on January 7, 1998 and recorded
in Volume 4004, Page 942 of the Real Property Records of Denton County, Texas. Said
12.456 acres of land, more or less, is commonly known as DCAD Property ID 179483.
29. Being 7.268 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated August 10, 1994 from Eagle Farms Inc. and John Porter
Auto Sales, Inc. to Larry Pockrus and wife, Ladonna Pockrus, filed for record on
September 8, 1994 and recorded in Instrument Number 94-R0069727 of the Real
Property Records of Denton County, Texas. Said 7.268 acres of land, more or less, is
commonly known as DCAD Property ID 174342.
30. Being 5.227 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated August 10, 1994 from Eagle Farms Inc. and John Porter
Auto Sales, Inc. to Larry Pockrus and wife, Ladonna Pockrus, filed for record on
September 9, 1994 and recorded in Instrument Number 94-R0069728 of the Real
Property Records of Denton County, Texas. Said 5.227 acres of land, more or less, is
commonly known as DCAD Property ID 174343.
31. Being 6.266 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated August 5, 1994 from Eagle Farms Inc. and John Porter
Auto Sales, Inc. to John Werner and wife, Tamera Werner, filed for record on September
83 1994 and recorded in Instrument Number 94-R0069725 of the Real Property Records
of Denton County, Texas. Said 6.266 acres of land, more or less, is commonly known as
DCAD Property ID 174341.
32. Being 1.843 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain Cash Warranty
Deed dated January 2, 1998 from Delbert H. Wiley and Ruth A. Wiley to John D. Werner
and Tamera L. Werner, filed for record on January 5, 1998 and recorded in Volume 4002,
Page 1353 of the Real Property Records of Denton County, Texas. Said- 1.843 acres of
land, more or less, is commonly known as DCAD Property ID 36694.
33. Being 6.548 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated August 5, 1994 from Eagle Farms Inc. and John Porter
Page 8
SAOur Documents\Niscellaneous\10\Amc.xationsk.chibit c - paal.doc
Auto Sales, Inc. to John Werner and wife, Tamera Werner, filed for record on September
83 1994 and recorded in Instrument Number 94-R0069724 of the Real Property Records
of Denton County, Texas. Said 6.548 acres of land, more or less, is commonly known as
DCAD Property ID 174340.
Page 9
EXHIBIT D
CITY OF DENTON SERVICE PLAN
2010 Annexation
1. AREA ANNEXED
The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15)
areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City
of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2
South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The *remaining
eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of
Denton's corporate limits and are identified as DH-l, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8,
DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The
proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached
location map. A general description of each area is also attached.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas on the effective date of the ordinance. Some
of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4.- Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel :and equipment will be provided to. furnish these. areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level
consistent with other similarly situated areas within the city limits.
1
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention
services to the annexation areas. These services include:
1. Fire suppression and rescue;
2. Pre-hospital medical services including triage, treatment and transport
by Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at
a level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now
being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation areas. These services include:
1. Emergency medical dispatch and pre-arrival First Aid instructions;
2. Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the areas annexed at. a level consistent with current methods and procedures
presently provided to similar areas of the City of Denton on the effective date of
the ordinance.
As development commences in these areas, sufficient EMS, including. personnel
and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
2
Upon ultimate development, EMS will'be provided at a level consistent with other
similarly situated areas within the city limits.
D. Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar
areas within the city. Private solid waste collection service providers operating in
the affected area immediately prior to annexation and currently providing
customers with service, may continue to provide their existing service for up to 2
years in accordance with Texas Local Government Code.
E. Wastewater Facilities
All the proposed annexation areas are within the City of Denton Sewer Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
20072 as issued by the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended
in accordance with the provisions of the City's codes, ordinances and regulations.
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or improved to City standards
within the annexed areas which are located within dedicated easement, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F. Water Facilities
PAA 1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11,
DH-13, and DH-14 annexation areas are within the City of Denton Water Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ).
PAA2S and PAA3 annexation areas lie within the City of Denton Water Service
Area as defined by Certificate of .Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ).
Bolivar Water Supply Corporation is dually certified in portions of this area under
CCN Number 11257.
3
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with existing City ordinances and policies. Upon
connection to existing distribution mains, water service will be provided at rates
established by city ordinance.
As new development occurs within these areas, water distribution mains will be
extended in accordance with Denton's Codes, ordinances and utility service
policies. City participation in the costs of these extensions shall be in accordance
with Denton's codes and ordinances. Water service capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is
received.
G. Roads and Streets
Emergency street maintenance shall be provided within the annexation areas on
the effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided within the annexation areas and will be scheduled as part of the
City's annual program and in accordance with the current policies and procedures
defined by the ordinance and/or as established by the City Council.
Any construction or reconstruction will be considered within the annexation areas
on a City wide basis and within the context of the City's CIP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the. City Council. If a sign remains, it will
be reviewed and placed on the City's inventory listing for routine replacement.
All exiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study:
Routine .maintenance of road/street markings will be placed on a priority listing
and scheduled within the yearly budgetary allotments by the City Council.
H. Parks, Playgrounds,- Swimming Pools
4
i '
Residents within the areas annexed may utilize all existing park and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these areas, additional park and recreation
facilities shall be constructed based on park policies defined in the Park Master
Plan and as specified in the Park Dedication and Development Ordinance. The
general planned locations and classifications of parks will ultimately serve
residents from the current City limits and residents from areas being considered
for annexation.
1. Publicly Owned Facilities
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation
ordinance.
J. Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City
of Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
IV. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
V. AMENDMENTS
The service plan may be amended.if the City Council determines at a public hearing that changed
conditions 'or subsequent occurrences make this service plan unworkable or obsolete.. The City
Council may amend the service plan to conform to the changed conditions or-subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
.5