2010-120sAour documents\ordinances\10\paa4 annexing parcel.doc
ORDINANCE NO. 2010-120
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS PAA4 OF APPROXIMATELY 1,555 ACRES (LESS THOSE
PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF MILAM
ROAD; NORTH OF LOOP 288; EAST OF 1-35, 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 PAA4 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 PAA4 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
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sAour documents\ordinances\10\paa4 annexing parcel.doc
WHEREAS, the City Council, by prior action, has approved certain non-annexation
agreements executed by eligible property owners within PAA4; 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
PAA4 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 PAA4; 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 PAA4, 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 PAA4 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.
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sAour documents\ordinances\10\paa4 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 PAA4.
AND IT IS SO ORDERED.
"
Passed by the City Council on 1st reading this 71-" day of , 2010.
Passed by the City Council on 2nd reading this day of , 2010.
MARK A. BURROUGH , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED A O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: .P s
~T
Page 3
EXHIBIT A
Annexation Tract PAM (Page 1 of 4)
BEGINNING at point in the present Denton city limit line as established by Ordinance
2008-137; said point being the northwest corner of the annexation tract described therein
and also lying on the south right-of-way line of F.M. 3163 (Milam Road) 2008-137;
THENCE South 01 ° 08' 35" West continuing along the present Denton city limit line
established by Ordinance 2008-137 a distance of 2,996.05 feet to point for corner, said
point being the southwest corner of the annexation tract described therein;
THENCE South 89°. 10' 00" East continuing along the present Denton city limit line
established by Ordinance 2008-137 a distance of 2,457.02 feet to a point for corner, said
point being the most northerly southwest corner of a City of Denton annexation tract
established and described by Ordinance 2007-077 (Tract 1);
THENCE South 88° 54' 04" East continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 197.47 feet to a point for a
corner;
THENCE South 02° 28' 55" East continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 965.89 feet to a point for
corner;
THENCE South 01° 00' 33" East continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 539.43 feet to a point for
corner;
THENCE South 00° 04' 12" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 2,649.30 feet to a point for
corner;
THENCE South 00° 26' 12" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 1) a distance of 668.18 feet to a point for
corner, said point being a southwest corner of said Ordinance 2007-077 (Tract 1)
annexation tract and lying on the north line of a City of Denton annexation tract
established by Ordinance 1985-15 1;
THENCE North 89° l P 35" West continuing along the present Denton city limit line
established by Ordinance 1985-151 a distance of 575 feet to a point for corner, said point
being the northwest corner of said Ordinance 1985-151 annexation tract and also being
the northeast corner of a City of Denton annexation tract established by Ordinance 2007-
077 (Tract 2);
Annexation Tract PAM (Page 2 of 4)
THENCE North 89° 32' 45" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 2,128.41 feet to a point for
corner;
THENCE South 00° 03' 28" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 26.07 feet to a point for a
corner;
THENCE North 89° 32' 32" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 972.02 feet to a point for a
corner;
THENCE South 01 ° 35' 23" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 1,003.38 feet to a point for
corner;
THENCE South 01 ° 34' 05" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 932.20 feet to a point for
corner;
THENCE South 88° 29' 12" East continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 1,541.64 feet to a point for a
corner,
THENCE South 00° 56' 25" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 185.30 feet to a point for a
corner;
THENCE South 88° 09' 02" East continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 2) a distance of 498.78 feet to a point for a
corner, said point being a southeast corner of said Ordinance 2007-077 (Tract 2)
annexation tract and also lying on a west line of a City of Denton annexation tract
established by Ordinance 2002-257;
THENCE South 00° 56' 33" West continuing along the present Denton city limit line
established by Ordinance 2002-257 a distance of 6 feet to a point for corner;
THENCE South 01 ° 06' 36" West continuing along the present Denton city limit line
established by Ordinance 2002-257 a distance of 1,764.22 feet to a point for corner;
THENCE North 88° 3 P 42" West continuing along the present Denton city limit line
established by Ordinance 2002-257 a distance of 624.97 feet to a point for corner;
Annexation Tract PAM (Page 3 of 4)
THENCE South 02° 02' 28" West continuing along the present Denton city limit line
established by Ordinance 2002-257 a distance of 40 feet to a point for corner, said point
being the northwest corner of a City of Denton annexation tract established by Ordinance
2007-077 (Tract 3);
THENCE South 00° 23' 04" West continuing along the present Denton city limit line
established by Ordinance 2007-077 (Tract 3) a distance of 1,765.70 feet to a point for
corner, said point being the southwest corner said 2007-077 (Tract 3) annexation tract
and also being on the east right-of-way line of Bonnie Brae Road and being the northwest
corner of a City of Denton annexation tract established by Ordinance 1980-26;
THENCE South 00° 12' 13" West continuing along the present Denton city limit line
established by Ordinance 1980-26 a distance of 450 feet to a point for corner, said point
being the northeast corner of a City of Denton annexation tract established by Ordinance
1982-4;
THENCE North 89° 04' 24" West continuing along the present Denton city limit line
established by Ordinance 1982-4 a distance of 1,791.93 feet to a point for corner;
THENCE North 58° 2 P 24" West continuing along the present Denton city limit line
established by Ordinance 1982-4 a distance of 926 feet to a point for corner, said point
being the southeast corner of a City of Denton annexation tract established by Ordinance
1986-6;
THENCE North 00° 25' 59" East continuing along the present Denton city limit line
established by Ordinance 1986-6 a distance of 1,845.44 feet to a point for corner;
THENCE North 00° 22' 28" East continuing along the present Denton city limit line
established by Ordinance 1986-6 a distance of 506.6 feet to a point for corner;
THENCE South 89° 27' 00" East continuing along the present Denton city limit line
established by Ordinance 1986-6 a distance of 1,033.4 feet to a point for corner;
THENCE North 00° 22' 27" East continuing along the present Denton city limit line
established by Ordinance 1986-6 a distance of 564.11 feet to a point for corner;
THENCE North 89° 31' 39" West continuing along the present Denton city limit line
established by Ordinance 1986-6 a distance of 2,485.31 feet to a point for corner, said
point being the northwest corner of said Ordinance 1986-6 annexation tract and also
being the northeast corner of a City of Denton annexation tract established by Ordinance
1998-224;
EXHIBIT 6
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EXHIBIT C
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PAA4 - Exhibit "C"
1. Being Lot 16, Block A, of Milam Creek Ranch, Phase Il, an Addition to Denton County,
Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain Warranty Deed dated May 21, 2007 from Hicks Family Trust,
formerly New Britain Investments Co. to Alatzas Family Limited Partnership, filed for
record on May 25, 2007 and recorded in Instrument Number 2007-61424 of the Real
Property Records of Denton County, Texas. Said Lot 16, Block A, Milam Creek Ranch,
Phase II, is commonly known as DCAD Property ID No. 202616.
2. Being Lot 4, Block B, Milam Creek Ranch, Phase I, an Addition in Denton County,
Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain General Warranty Deed dated March 5, 2008 from Curtis N.
Hughes and wife, Sheila J. Hughes to Daniel Arnoldy and Cindy Arnoldy, filed for
record on March 13, 2008 and recorded in Instrument Number 2008-26880 of the Real
Property Records of Denton County, Texas. Said Lot 4, Block B, Milam Creek Ranch,
Phase 1, is commonly known as DCAD Property ID No. 188372.
3. Being Lot 2, Block A, Milam Creek Ranch, Phase 1, an Addition to Denton County,
Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain General Warranty Deed with Vendor's Lien dated September 24,
2001 from Craig A. Turner and Beverly Turner to Albert J. Belanger and wife, Susan K.
Belanger, filed for record on September 26, 2001 and recorded in Volume 4930, Page
2235 of the Real Property Records of Denton County, Texas. Said Lot 2, Block A,
Milam Creek Ranch, Phase 1, is commonly known as DCAD Property ID No. 188366.
4. Being Lot 3, Block A, Milam Creek Ranch, Phase 1, an Addition to Denton County,
Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain Warranty Deed with Vendor's Lien dated October 8, 2002 from
Brian D. Calkins and wife, Stephanie A. Calkins to Albert J. Belanger and wife, Susan K.
Belanger, filed for record on October 10, 2002 and recorded in Volume 5189, Page 3302
of the Real Property Records of Denton County, Texas. Said Lot 3, Block A, Milam
Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188367.
5. Being 20.747 acres of land, more or less, situated in the J. McNeill Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated January 15, 1997 from Commonwealth Properties to John
Chutkowski, filed for record on January 16, 1997 and recorded in Instrument Number 97-
R0003249 of the Real Property Records of Denton County, Texas. Said 20.747 acres of
land, more or less, is commonly known as DCAD Property ID No. 37476.
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6. Being 10 acres of land, more or less, situated in the John Ayres Survey, Abstract No. 2,
Denton County, Texas, and being more fully described in Tract 8 of that certain Special
Warranty Deed dated June 1, 2006 from William A. Crawford, aka W.A. Crawford and
Wm. A. Crawford and Gladys H. Crawford, aka Gladys Crawford, Individually and in all
representative capacities to William A. Crawford and Gladys H. Crawford, Trustees of
the William A. Crawford and Gladys H. Crawford Revocable Living Trust, dated
December 30, 1992, filed for record on June 5, 2006 and recorded in Instrument Number
2006-66861 of the Real Property Records of Denton County, Texas. Said 10 acres of
land, more or less, is commonly known as DCAD Property ID 37070.
7. Being 10.80 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
General Warranty Deed dated June 27, 2005 from Rayburn K. Pierce to Alfred A. Croix
and Bernice L. Croix, filed for record on June 29, 2005 and recorded in Instrument
Number 2005-78217 of the Real Property Records of Denton County, Texas. Said 10.80
acres of land, more or less, is commonly known as DCAD Property ID 37481 and DCAD
Property ID 215322, respectively.
8. Being 3.736 acres of land, more or less, situated in the J. McNeill Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated February 19, 1970 from Freddy McConnell and wife, Barbara
McConnell to Kenneth W. Hatridge and wife, Glenda J. Hatridge, filed for record on
February 27, 1970 and recorded in Volume 599, Page 9 of the Real Property Records of
Denton County, Texas. Said 3.736 acres of land, more or less, is commonly known as
DCAD Property ID 3 7429.
9. Being Lot 1, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County,
Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain Warranty Deed with Vendor's Lien dated March. 7, 2002 from
William M. Jefferys and wife, Suzy Jeffreys to Dean Donald Konz and wife, Tammy Lee
Konz, filed for record on March 14, 2002 and recorded in Volume 5043, Page 1224 of
the Real Property Records of Denton County, Texas. Said Lot 1, Block A, Milam Creek
Ranch, Phase I, is commonly known as DCAD Property ID No. 188365.
10. Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated August 8, 1967 from Thurston A. Webb to Johnnie H. Landers,
filed for record on August 14, 1967 and recorded in Volume 554, Page 650 of the Real
Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is
commonly known as DCAD Property ID No. 3 7449.
11. Being Lot 13, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County,
Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain Warranty Deed dated January 14, 2004 from Daniel F. Alvarez
and Julie Alvarez to Doug McAdams and Jeanie McAdams, filed for record on January
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28, 2004 and recorded in Instrument Number 2004-11596 of the Real Property Records
of Denton County, Texas. Said Lot 13, Block A, Milam Creek Ranch, Phase II, is
commonly known as DCAD Property ID No. 202613.
12. Being 12.000 acres of land, more or less, situated in the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated November 18, 1981 from John Porter and wife, Margaret
Porter to William M. Meaney and wife, Jane C. Meaney, filed for record on November
19, 1981 and recorded in Volume 1113, Page 51 of the Real Property Records of Denton
County, Texas. Said 12.000 acres of land, more or less, is commonly known as DCAD
Property ID No. 73546.
13. Being 3.297 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated June 20, 1988 from H. L. Swann, Jr. and wife,
Evelyn June Swann to John Allen Peppler and wife, Lavena Grace Peppler, filed for
record on June 21, 1988 and recorded in Volume 2398, Page 768 of the Real Property
Records of Denton County, Texas. Said 3.297 acres of land, more or less, is commonly
known as DCAD Property ID No. 3 7444.
14. Being 3.241 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
Executrix's Deed dated November 10, 1998 from Lavena Swann Peppler, as Independent
Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppler, filed for
record on November 13, 1998 and recorded in Volume 4218, Page 2672 of the Real
Property Records of Denton County, Texas. Said 3.241 acres of land, more or less, is
commonly known as DCAD Property ID No. 3 7439.
15. Being 3.299 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
Executrix's Deed dated November 10, 1998 from Lavena Swann Peppler, as Independent
Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppler as
Trustee of the Evelyn J. Swann Testamentary Trust, filed for record on November 13,
1998 and recorded in Volume 4218, Page 2669 of the Real Property Records of Denton
County, Texas. Said 3.299 acres of land, more or less, is commonly known as DCAD
Property ID No. 38256.
16. Being 9.773 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
General Warranty Deed with Vendor's Lien dated March 10, 1992 from James A. Grider
and spouse, Barbara Grider to Raymond D. Roberts, Sr. and spouse, Linda Mae Roberts,
filed for record on March 13, 1992 and recorded in Volume 3179, Page 273 of the Real
Property Records of Denton County, Texas. Said 9.773 acres of land, more or less, is
commonly known as DCAD Property ID No. 3 7431, DCAD Property ID No. 3 7432 and
DCAD Property ID No. 37434, respectively.
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17. Being 13.96 acres of land, more or less, situated in the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated October 14, 2002 from Jessie Schertz to Homer Samuel Schertz, filed for
record on October 15, 2002 and recorded in Volume 5192, Page 3323 of the Real
Property Records of Denton County, Texas. Said 13.96 acres of land, more or less, is
commonly known as DCAD Property ID No. 247041.
18. Being Lot 5, Block B, Milam Creek Ranch, Phase II, an Addition to Denton County,
Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385, of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain Warranty Deed with Vendor's Lien dated October 26, 2001 from
PFS Development Corporation to Susanne Holmgreen Seals and husband, Richard
Donovan Seals, filed for record on October 29, 2001 and recorded in Volume 4953, Page
2205 of the Real Property Records of Denton County, Texas. Said Lot 5, Block B,
Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202618.
19. Being 3.690 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated February 19, 1970 from Freddy McConnell and wife, Barbara
McConnell to Kenneth W. Stewart and wife, Delma F. Stewart, filed for record on
February 27, 1970 and recorded in Volume 599, Page 7 of the Real Property Records of
Denton County, Texas. Said 3.690 acres of land, more or less, is commonly known as
DCAD Property ID 3 7428.
20. Being a called 19.73 acre tract of land, more or less, situated in the J. McNeil Stewart
Survey, Abstract No. 1150, Denton County, Texas, and being comprised of a 19.23 acre
tract conveyed by that certain Deed dated January 12, 1996 from the Veterans Land
Board of the State of Texas to James E. West, filed for record on January 17, 1996 and
recorded in 96-R0003 867 of the Real Property Records of Denton County, Texas, and
described in that Contract of Sale and Purchase from the Veterans Land Board of the
State of Texas to James E. West, filed for record on May 31, 1965 and recorded in
Volume 523, Page 478 of said records; together with a 1.507 acre tract described in that
certain Warranty Deed with Vendor's Lien dated July 12, 1965 from David Mulkey to
James E. West, filed for record on January 12, 1966 and recorded in Volume 533, Page
115 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: A 1.00 acre tract of land designated as homestead property
and commonly known as DCAD Property ID 37478.
The called 19.73 acre tract of land is commonly known as DCAD Property ID 37479.
21. Being Lot 9, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County,
Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain Warranty Deed dated March 30, 2001 from PFS Development
Corporation to Don Aaron Yeatts and wife, Emily Jane Yeatts, filed for record on April
55 2001 and recorded in Volume 4810, Page 2067 of the Real Property Records of
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Denton County, Texas. Said Lot 9, Block A, Milam Creek Ranch, Phase II, is commonly
known as DCAD Property ID No. 202609.
22. Being 20.833 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being comprised of a 19.23 acre tract of
land, more or less, conveyed by that certain Deed dated September 13, 1993 from the
Veterans Land Board of the State of Texas to Jesse F. Baker, filed for record on October
25, 1993 and recorded in Instrument Number 93-R0075347 of the Real Property Records
of Denton County, Texas, and more fully described in that certain Contract of Sale dated
October 26, 1964 from the Veterans Land Board of the State of Texas to Jesse F. Baker,
filed for record on November 2, 1964 and recorded in Volume 515, Page 229 of said
records; together with a called 1.603 acre tract of land, described in a Warranty Deed
dated August 6, 1965 from David Mulkey to J.F. Baker, filed for record on August 20,
1965 and recorded in Volume 527, Page 224 of the Real Property Records of Denton
County, Texas. Said 20.833- acres of land, more or less, is commonly known as DCAD
Property ID 3 74 72.
23. Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated April 26, 1965 from. David Mulkey to Jerry C.
Caldwell, filed for record on May 10, 1965 and recorded in Volume 523, Page 97 of the
Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less,
is commonly known as DCAD Property ID No. 37451.
24. Being 2.360 acres of land, more or less, situated in the J. Stewart Survey, Abstract No.
1150, Denton County, Texas, and being more fully described in that certain Special
Warranty Deed dated June 20, 1997 from Reba M. Carter to Bent E. Carter and Margie
M. Carter, husband and wife, filed for record on June 20, 1997 and recorded in
Instrument Number 97-R0041516 of the Real Property Records of Denton County,
Texas. Said 2.360 acres of land, more or less, is commonly known as DCAD Property ID
191283.
25. Being 1.346 acres of land, more or less, situated in the J. Stewart Survey, Abstract No.
1150, Denton County, Texas, and being more fully described in that certain General
Warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Bent Eldon Carter,
filed for record on December 30, 2009 and recorded in Instrument Number 2009-147763
of the Real Property Records of Denton County, Texas. Said 1.346 acres of land, more or
less, is commonly known as DCAD Property ID 334527.
26. Being 1.998 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in the Second
Tract of that certain Warranty Deed with Vendor's Lien dated August 3, 1965 from
David Mulkey to C. L. Yeatts, filed for record on August 13, 1965 and recorded in
Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.998
acres of land, more or less, is commonly known as DCAD Property ID No. 3 7460.
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27. Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract
No. 1150, Denton County, Texas, and being more fully described in the First Tract of that
certain Warranty Deed with Vendor's Lien dated August 3, 1965 from David Mulkey to
C. L. Yeatts, filed for record on August 13, 1965 and recorded in Volume 527, Page 43 of
the Real Property Records of Denton County, Texas. Said 1.98 acres of land, more or
less, is commonly known as DCAD Property ID No. 3 7459.
28. Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract
No. 1150, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated November 23, 1965 from David Mulkey to C. L. Yeatts,
filed for record on February 7, 1966 and recorded in Volume 534, Page 171 of the Real
Property Records of Denton County, Texas. Said 1.98 acres of land, more or less, is
commonly known as DCAD Property ID No. 3 7462.
29. Being 10.00 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated June 25, 2004 from John Squire and wife,
LeAnn Squire to David M. Eberhardt, filed for record on July 1, 2004 and recorded in
Instrument Number 2004-87180 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 37475.
30. Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in the Second
Tract of that certain Warranty Deed with Vendor's Lien dated April 22, 1965 David
Mulkey to Willie F. Carter, filed for record on April 27, 1965 and recorded in Volume
522, Page 556 of the Real Property Records of Denton County, Texas. Said 3.706 acres
of land, more or less, is commonly known as DCAD Property ID 37446.
31. Being Lot 10, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County,
Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain Warranty Deed with Vendor's Lien dated December 30, 2008
from Daniel A. Cooper and wife, Amy D. Cooper to Ozzie Chapa and Linda Genneken
Chapa, filed for record on December 31, 2008 and recorded in Instrument Number 2008-
137843 of the Real Property Records of Denton County, Texas. Said Lot 10, Block A,
Milam Creek Ranch, Phase 11, is commonly known as DCAD Property ID No. 202610.
32. Being 1.706 acres of land, more or less, situated in the J. McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described in that certain
General Warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Shawn
Paul Carter, filed for record on December 30, 2009 and recorded in Instrument Number
2009-147764 of the Real Property Records of Denton County, Texas. Said 1.706 acres of
land, more or less, is commonly known as DCAD Property ID 334526.
33. Being 2.00 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract
No. 1150, Denton County, Texas, and being more fully described in that certain Gift
Warranty Deed of Correction dated May 2, 2000 from Reba M. Carter to Shawn P. Carter
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and wife, Lisa M. Carter, filed for record on May 2, 2000 and recorded in Volume 4580,
Page 795 of the Real Property Records of Denton County, Texas. Said 2.00 acres of
land, more or less, is commonly known as DCAD Property ID 219639.
34. Being 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch,
Jr. to Michael Joe Schertz and wife, Amy Beth Schertz, filed for record on August 7,
2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton
County, Texas. Said 10.050 acres of land, more or less, is commonly known as DCAD
Property ID No. 244900.
35. Lot 4, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas,
according to the map. or plat thereof recorded in Cabinet M, Slide 284 of the Plat Records
of Denton County, Texas, and being conveyed in that certain Warranty Deed with
Vendor's Lien dated August 28, 2009 from Don A. Hall and wife, Kim B. Hall to
Michael G. Meeker and wife, Gail K. Meeker, filed for record on September 1, 2009 and
recorded in Instrument Number 2009-105749 of the Real Property Records of Denton
County, Texas. Said Lot 4, Block A, Milam Creek Ranch, Phase I, is commonly known
as DCAD Property ID 188368.
36. Being 44.823 acres of land, more or less, situated in the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Correction
Warranty Deed dated June 15, 1963 from Emil M. Schertz, a/k/a E. M. Schertz, and wife,
Lydia Schertz to Mrs. Ruby Finch filed for record on August 12, 1963 and recorded in
Volume 497, Page 547 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: 10.050 acres of land, more or less, situated in the Morris May
Survey, Abstract No. 807, Denton County, Texas, and being more fully described
in that certain Warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch
and husband, Henry Tyler Finch, Jr. to Michael Joe Schertz and wife, Amy Beth
Schertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page
4597 of the Real Property Records of Denton County, Texas. Said 10.050 acres
of land, more or less, is commonly known as DCAD Property ID No. 244900.
Additionally SAVE & EXCEPT: 5.000 acres of land, more or less, situated in the
Morris May Survey, Abstract No. 807, Denton County, Texas, and being more
fully described in that certain Warranty Deed dated October 28, 2004 from Mrs.
Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on
November 1, 2004 and recorded in Instrument Number 2004-141689 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 No. 273044.
The remaining 29.772 acres, more or less, is commonly known as DCAD Property ID
No. 3 7729.
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37."Being Lot 17, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County,
Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat
Records of Denton County, Texas, and being all that certain lot, tract or parcel of land
described in that certain Warranty Deed dated September 24, 2007 from John Lee Kelley
and wife, Mary Kathleen Kelley to Gene Gumfory and wife, Lynn R. Gumfory, filed for
record on September 25, 2007 and recorded in Instrument Number 2007-113999 of the
Real Property Records of Denton County, Texas. Said Lot 17, Block A, Milam Creek
Ranch, Phase II, is commonly known as DCAD Property ID No. 202617.
38. Being 6.43 acres of land, more or less, situated in the J. Stewart Survey, Abstract No.
1150, Denton County, Texas, and being more fully described in that certain General
Warranty with Vendor's Lien dated June 29, 2009 from James Dale McKnight and
Donna Joy O'Dell to Derek Hook and wife, Cindy Hook, filed for record on July 2, 2009
and recorded in Instrument Number 2009-80411 of the Real Property Records of Denton
County, Texas. Said 6.43 acres of land, more or less, is commonly known as DCAD
Property ID 37458 and DCAD Property ID 37466, respectively.
39. Being 0.79 acres of land, more or less, situated in the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Special
Warranty Deed dated June 21, 2004 from Homer S. Schertz, a/k/a Sam Schertz,
Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz
Revocable Living Trust; Danny M. Schertz, Individually and as Successor Trustee of the
Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David
Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V.
Schertz Revocable Living Trust; and Carolyn Schertz Mallard Individually and as
Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living
Trust to Danny M. Schertz, filed for record on July 7, 2004 and recorded in Instrument
Number 2004-89328 of the Real Property Records of Denton County, Texas. Said 0.79
acres of land, more or less, is commonly known as DCAD Property ID No. 37731.
40. Being 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated October 28, 2004 from Mrs. Ruby Finch to Danny M. Schertz and wife,
Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument
Number 2004-141689 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 No. 273044.
41. Being 9.00 acres of land, more or less, situated in' the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated October 14, 2002 from Jessie Schertz to Danny Schertz, filed for record on
October 15, 2002 and recorded in Volume 5192, Page 3333 of the Real Property Records
of Denton County, Texas. Said 9.00 acres of land, more or less, is commonly known as
DCAD Property ID No. 247044.
42. Being 11.00 acres of land, more or less, situated in the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated October 14, 2002 from Jessie Schertz to Ricky Schertz, filed for record on
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October 15, 2002 and recorded in Volume 5192, Page 3327 of the Real Property Records
of Denton County, Texas. Said 11.00 acres of land, more or less, is commonly known as
DCAD Property ID No. 247042.
43. Being 7.287 acres of land, more or less, situated in the J. McNeil Survey, Abstract No.
1150, Denton County, Texas, and being more fully described in that certain General
Warranty Deed with Vendor's Lien dated August 1, 2005 from Layne Brewer a/k/a
Layne J. Brewer and wife, Laura Brewer a/k/a Laura J. Brewer to Randal E. Smith and
wife, Nancy L. Smith, filed for record on August 8, 2005 and recorded in Instrument
Number 2005-97613 of the Real Property Records of Denton County, Texas. Said 7.287
acres of land, more or less, is commonly known as DCAD Property ID No. 173437 and
DCAD Property ID No. 37426, respectively.
44. Being 87.452 acres of land, more or less, situated in the John McNeil Stewart Survey,
Abstract No. 1150, Denton County, Texas, and being more fully described on Page 485
of that certain Special Warranty Deed dated December 8, 1989 from J & L Partners,
acting by and through its manager, L & J Management Corporation, and its partners
Josephine Hughes Sterling and Lewis R. Cauble to Rancho Vista Development
Company, filed for record on December 11, 1989 and recorded in Volume 2695, Page
465 of the Real Property Records of Denton County, Texas. Said 87.452 acre tract, is
commonly known as DCAD Property ID 3 7420.
45. Being 202.564 acres of land, more or less, situated in the John Ayers Survey, Abstract
No. 2 and the Morris May Survey, Abstract No. 807, Denton County, Texas, and being
more fully described on Page 483 of that certain Special Warranty Deed dated December
8, 1989 from J & L Partners, acting by and through its manager, L & J Management
Corporation, and its partners Josephine Hughes Sterling and Lewis R. Cauble to Rancho
Vista Development Company, filed for record on December 11, 1989 and recorded in
Volume 2695, Page 465 of the Real Property Records of Denton County, Texas. Said
202.564 acre tract, is commonly known as DCAD Property ID 37075 and DCAD
Property ID 37718, respectively.
46. Being that portion lying outside the city limits, of a 572.029 acre tract of land, more or
less, situated in the John Ayers Survey, Abstract No. 2; the I. Coy Survey, Abstract No.
212; the Morris May Survey, Abstract No. 807; and the S.L. Johnson Survey, Abstract
No. 683, Denton County, Texas, and being more fully described on Page 478 of that
certain Special Warranty Deed dated December 8, 1989 from J & L Partners, acting by
and through its manager, L & J Management Corporation, and its partners Josephine
Hughes Sterling and Lewis R. Cauble to Rancho Vista Development Company, filed for
record on December 11, 1989 and recorded in Volume 2695, Page 465 of the Real
Property Records of Denton County, Texas. Said portion lying outside the city limits, of
the 572.029 acre tract, is commonly known as DCAD Property ID 37076, DCAD
Property ID 37354, DCAD Property ID 37715 and DCAD Property ID 37696,
respectively.
47. Being 2.25 acres of land, more or less, situated in the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Special
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Warranty Deed dated June 21, 2004 from Homer S. Schertz, a/k/a Sam Schertz,
Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz
Revocable Living Trust; Danny M. Schertz, Individually and as Successor Trustee of the
Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David
Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V.
Schertz Revocable Living Trust; and Carolyn Schertz Mallard, as Successor Trustee of
the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust to Carolyn
Schertz Mallard, filed for record on July 7, 2004 and recorded in Instrument Number
2004-89327 of the Real Property Records of Denton County, Texas. Said 2.25 acres of
land, more or less, is commonly known as DCAD Property ID 270748.
48. Being 8.00 acres of land, more or less, situated in the Morris May Survey, Abstract No.
807, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated October 14, 2002 from Jessie Schertz to Carolyn Schertz Mallard, filed for
record on October 15, 2002 and recorded in Volume 5192, Page 3330 of the Real
Property Records of Denton County, Texas. Said 8.00 acres of land, more or less, is
commonly known as DCAD Property ID 247043.
Page 10
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 PAAl, 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-1, 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 ia.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
- Q.
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 Serv ices (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 C1P 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
r
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