2015-186
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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
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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
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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.
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HRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPRO�,��:1:�� AS �"�::D LEGAL FORM:
��11w�"� �l���C�Ir�;S, CITY ATTORNEY
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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.
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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.
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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.