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2015-186 %(+$1$%$1$-"$%.1, 2015186 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201623408/16/16JR s:\legal\our do�umer:'s\ordinances\15\paal a�inexing parcel.doc oxr�rNaNCE No. 2015-186 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA1 OF APPROXIMATELY 164.10 ACRES (LESS THOSE PARCELS IDENTIFIED 1N 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 G1, 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 s:\legal\our documents\ordinances\] 5\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 PAA1 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 s:\legal\our documents\ordinances\15\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 PAA1. AND IT IS SO ORDERED. Passed by the City Council on 1 St reading this � L day of , 2015. Passed by the City Council on 2"d reading this� day of , 2015. � � �. ,„� ' �,�_„ � �� ���� , ��.� ��. �........._.� �.. ----�� �.� ...................................�.. HRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPRO�,��:1:�� AS �"�::D LEGAL FORM: ��11w�"� �l���C�Ir�;S, CITY ATTORNEY : � ow ��'-���� _ ��,������F���.�,� ��q�.�,� �� �. Page 3 EXHIBIT "A" Annexation Tract PAA1 (Page l. of 2) BEGINNiNG at point at the northwest corner of tract described in Ordinance 20Q6-205, 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 �rdinance 2006-205 as a 3/4 inch iron pin set at the northeast corner ofthe property described in Ordinance 2006-205, said point also being described in �rdinance 69-40 (Tract 1) 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 ofthe Wm. Wilburn Survey, Abstract 1419, alang 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 I) along the northerly line of the said David Davis Survey and described in Ordinanee 69-40 as a distance of 341 feet to a point for corr►er, said point described in Ordinance 69-40 (Tract I) as the southwest comer of the said Wm. Wilburn Survey; THENCE northerly aiong the present Denton city ]imit iine as established by Ordinance 1969-40 (Tract I) and along the westerly line of the said Wm. Wilbum 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; THBNCE South 89° 28' l 5" West, afong the present Denton city limit line as established by Ordinance ] 983-90 a distance of 2,359.92 feet (as described in Ordinance 83-90) to a point for a corner; THENCE North 00° OS' S4" West, along the present Denton city limit line as established by Ordinance 19$3-90, 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) THENC� 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 Iimit 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 4rdinance 83-90) to a point for a comer, 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° SS' 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 .Christa] 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; TH�NCE in a southerly direction, along courses and distances of the easterly implied right-of-way Iine 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 I,152 acres of land. �vhih�+ o r/ ; `�i�� E 1 �n �n �� in _. �. �� ,i 1, PAA-1 Exibit C 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. 2. 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, iiled for record on May 28, 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. 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 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. 5. Being 10.00 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Sue Hall Allen, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63255 of the Real Property Records of Denton County, Texas. Said 10.00 acre tract of land is commonly known as DCAD Properry ID 537275. Being 22,15 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Sue Hall Allen, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63255 of the Real Property Records of Denton County, Texas. Said 22.15 acre tract of land is commonly known as DCAD Property ID 537276. 6. A 3.13 acre tract of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas more fully describes in that Special Warranty Deed dated March 29, 2014, from Thomas Kent Hall to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014-96406 of the Real Property Records of Denton County, Texas. Said 3.13 acre tract of land is commonly known as DCAD Property ID 651278. 7. 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 or land, more or less, is commonly known as DCAD Property ID 64432. 8. Being 19.43 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Charles M. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63258 of the Real Property Records of Denton County, Texas. Said 19.43 acre tract of land is commonly known as DCAD Property ID 537281. 9. Being 16.47 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton, County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to William T. Hall, III, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63257 of The Real Property Records of Denton County, Texas. Said 16.47 acre tract of land is commonly known as DCAD Property ID 537280. 10. Being 8.50 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63260 of the Real Property Records of Denton County, Texas. Said 8.50 acre tract of land is commonly known as DCAD Property ID 537287; Being 8.16 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63260 of the Real Property Records of Denton County, Texas. Said 8.16 acre tract of land is commonly known as DCAD Property ID 64425; and Being 13.43 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract Three of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63260 of the Real Property Records of Denton County, Texas. SAVE AND EXCEPT a 3.13 acre tract of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated March 29, 2014, from Thomas Kent Hall to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014-96406 of the Real Property Records of Denton County, Texas. Said 3.13 acre tract of land is commonly known as DCAD Property ID 651278. Leaving a called 10.3 acre tract of land commonly known as DCAD Property ID 36641. 11. Being 13.41 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated September 12, 2014, from William T. Hall, III to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014- 96407 of the Real Property Records of Denton County, Texas. Said 13.41 acre tract of land is commonly known as DCAD Property ID 537279. 12. Being 10.00 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated December 12, 2012, from Charles M. Hall to Jack B. Hall and Cynthia Ann Hall, filed for record on December 14, 2012 and recorded in Instrument Number 2012-141975 of the Real Property Records of Denton County, Texas. Said 10.00 acre tract of land is commonly known as DCAD Property ID 537282 and DCAD Property ID 537283. 13. Being 10.14 acres of land, more or less, situated on the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living trust and the W.T. Hall, Jr. Share B Trust to Jack B. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63259 of the Real Property Records of Denton County, Texas. Said 10.14 acre tract of land is commonly known as DCAD Property ID 537286; and Being 18.25 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T Hall, Jr. Share B Trust to Jack B. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63259 of the Real Property Records of Denton County, Texas. Said 18.25 acre tract of land is commonly known as DCAD Property ID 537285 and DCAD Property ID 155005. 14. 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 Apri124, 1975 from W.T. Hall, Jr. and wife, Dorothy R. Hall to Jack B. Hall and Cynthia A. Hall, filed for record on Apri130, 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. 15. Being 54.87 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jan Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63256 of the Real Property Records of Denton County, Texas. Said 54.87 acre tract of land is commonly known as DCAD Property 537277; and Being 8.20 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jan Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63256 of the Real Property Records of Denton County, Texas. Said 8.20 acre tract of land is commonly known as DCAD Property ID 537278. 16. 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. 17. 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 17301 S. 18. 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. 19. 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 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. 20. 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 Properry ID 174343. 21. 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. 22. 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. 23. 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 8, 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. 24. 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. 25. 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. 26. 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 Apri129, 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. 27. 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. 28. 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 County, Texas. Said 152 acres of land, more or less, is commonly known as DCAD Property ID 37080 and DCAD Properry ID 37077, respectively. 29, 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 Properry ID 36705. 30. 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 Properry ID 36699. 31. 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 Properry ID 170982. 32. 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. EXHIBIT D CITY OF DENTON SERVICE PLAN 2015 Annexation I. AREA ANNEXED The areas to be annexed include approximately 620.86 acres of land contained in eight (8) areas. Four annexation areas consist of approximately 478.78 acres, generally located in northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining four areas include approximately 142.08 acres of land, and are unincorporated ETJ pockets located within the body of the City of Denton's corporate limits, and identified as DH2, DH3, DH4, and DH. These areas are depicted in the attached location map along with a general description of each area. 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. 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. Emer�encv Medical Service The Denton Fire Department (DFD) safety services to the annexation areas. will provide the following emergency and 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 PAA1, 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. 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 fscal 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. 4 H. Parks, Plav�rounds, Swimming Pools 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 defned 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. I. Publiclv 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. IVa UNIFORM LEVEL OF SERVICES IS NOT RE UIRED 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. V. 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. VI. 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.