Loading...
2015-187s:\legallour documents\o�dinances\15\paa2 annexing parc�l.dac ORDINANCE NO. 2� 15-1 g� AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA2 SOUTH OF APPROXIMATELY 62.65 ACRES (LESS THOSE PARCELS IDENTIFIED 1N EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF FM 1173, NORTH OF W. UNIVERSITY DRIVE, WEST OF I-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 TR.ACT; PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN PAA2 SOUTH 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 PAA2 South 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 s:Vegal\our documents\ordinances\15\paa2 annexing parcel.doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within PAA2 South; 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 PAA2 South 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 PAA2 South; 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 PAA2 South, 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 PAA2 South 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_m3. 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\paa2 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 PAA2 South. AND IT IS SO ORDERED. Passed by the City Council on lst reading this �day of 1 V� , 2015. Passed by the City Council on 2"d reading this �(� day of , 2015. � ��� CHRIS � ��MAY�� �m� , OR ATTEST: JENNIFER WALTERS, CITY SECRETARY : � �' i' [� �7��� ���:� AS "��:;� LEGAL FORM: ANITA �3�:11:.GESS, CITY ATTORNEY B Y : ��� :��� ���_ ��,� � ,�, ���..� � � � � �"` � � �';� ,�� ��� �°V�.� �' ��� � ° ��.e�„ � ���, ��������n�.� � � �. , � i��� �,� M� �„ Page 3 EXHIBIT "A" Annexation Tract PAA2 (Page 1 of 5) BEGINNING at point on the present Denton city Iimit line, being the northwest corner of a tract described in annexation Ordinance 2007-268, and further described in said ordinance as a right-of-way marker post for a corner in the south line of Farm-to-Market l 173 and in the east line of the.Gulf, Colorado and Santa Fe Railroad Company right-of- way; THENCE South 22° 46' 21" East, along the present Denton city limit line as established and described in Ordinance 2007-268 and along the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of-way a distance of 1,$b0.04 feet to a point for a corner, said point being the southwest corner of the tract described in said Ordinartce 2d07-268; THENCE South 88° 58' O1" East along the present Denton city limit line as established, described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein) a total distance of 3,41 ] feet to a point for a comer, said point being the southeast corner of the tract depicted in 4rdinance 2007-2b8 (Exhibit A-3) and said point also lying on the a westerly line of a City of Denton annexation tract established and described in Ordinance I969-40 (Tract VI); . THENCE South 02° 57' East, parallel to and 500 feet west of the center line of Interstate Highway 35, same being the present Denton city�limit line established and described in Ordinance 1969-40 (Tract VI), a distance of 1,103 feet to a point for corner, said point lying on the most northerly north line of a City of Denton annexation tract described in Ordinance 19d5-43 (Tract V); THENCE West along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V) a distance of 244 feet to a point for a corner, said point being the most northerly northwest of said City of Denton annexation tract established and described in Ordinance 1965-43 (Tract V}; THENCE South along the present Denton city limit line as established and described in Ordinance 19b5-43 (Tract V}, being 600 feet from and parallel with the West right-of- way line of Interstate Highway 35, a distance of 1,8b0 feet to a point for a corner, said point being the northeast comer of a City of Denton annexation tract established and descrihed in Ordinance ] 985-3I; THENCE North 89° 51' 30" West along the present Denton city limit line as established and described in Ordinance 1985-31 a distance of 1,96I.87 feet to a point for a corner; THENCE South 00° 54' 39" East continuing along the present Denton city iimit line as established and described in Ordinance 1985-31 a distance of 1,165.a7 feet to a point for a corner; Annexation Tract PAA2 (Page 2 of 5) THENCE Southeasterly continuing along the present Denton city limit li�ne as established and described in Ordinance 1985-31 and along a curve to the left on the east right-of-way line of the A T& S R Railroad an arc distance of i,324.91 feet as described in Ordinance 85-31 to a point for corner; THENCE Southeasterly continuing along the present Denton city iimit line as established and described in Ordinance i 985-31 and along a curve to the left on the east right-of-way line of the A T& S R Railroad an arc distance of 254.27 feet as described in Ordinance 85-31 to a point for comer; THENCE South 33° 02' East continuing along the present Denton city limit line as estab(ished and described in Ordinance 1985-31 and along the east right-of-way line of the A T& S R Railroad distance of 94.68 feet, as described in Ordinance 85-31, to a point for corner, said point lying on the most westerly north line of a City of Denton annexation tract described in Ordinance 1965-43 (Tract V); THENCE West continuing along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V) a distance of 119.22 feet to a paint for corner, said point being on the west right-of-way 1 ine of the A T& S R Railroad and being the most westerly no'rthwest corner of said annexation tract described in Ordinance 1965-43 (Tract V); T%IENCE Southeasterly continuing along the present Denton city limit line as established and described in Ordinance 1965-43 (Tract V) and along the west right-of-way ]ine of the A T& S R Raiiroad a distance of 490 feet to a poinf for corner, said point being the northeast corner of a City of Denton annexation tract established and described by Ordinance 19'7Q-34; THENCE South 89° 09' West continuing along the present Denton city iimit line as established and described in annexation Ordinance l 970-34 a distance of 2,612,8 feet to a point for corner, said point being the northwest corner of said tract described in annexation Ordinance 1970-34; THENCE South 00° 42' 30" East continuin� along the present Denton city limit line as established and described in annexation Ordinance ] 970-34 a distance of 2,680 feet to a point for comer, said point being the most westerly northeast corner of a City of Denton annexation tract established and described by Ordinance 1969-40 (Tract VII); TH�NCE North $8° 50' West continuing along the present Denton city limit line as established and described in annexation Ordinance 1969-40 (Tract VII} a distance of' 1,478 feet to a point for corner, said point being the most southerly southeast corner of a City of Denton annexation tract established and described by Ordinance 2006-364 artd also lying on the east line of Masch Branch Road; Annexation Tract PAA2 {Page 3 of 5} THENCE North continuing along the present Denton city limit line as established and described in annexation Ordinance 20Q6-364 and aIong the east line of Masch Branch Road a distance of 2,603 feet to a point for comer, said point being the noriheast corner ofsaid Ordinance 2006-364 annexation tract; THENCE North 89° 48' 00" West continuing along the present Denton city Eimit line as established and described in annexation Ordinance 2006-364 a distance of 50 feet to the west right-of-way line of Masch Branch Road to a point for corner, said point also being the southeast corner of a City of Denton annexation tract established and described by Ordinance 2007-76; THENCE North continuing along the present Denton city ]imit line as established and described in annexation Ordinance 2007-76 and along the west right-of-way Iine of Masch B�ranch Road a distance of 835.54 feet to a point for corner; THENCE North 44° 57' 37" West continuing along the present Denton city limit line as established and described in annexation Ordinance 20Q7-76 and along a right-of-way 5 flare of Masch Branch Road a distance of 70.76 feet to a point for corner; TNENCE North 89° 55' l4" West continuing along the present Denton city limit line as established and described in annexation 4rdinance 2007-76 and along the south rigfit-of- way line of Masch Branch Road a distance of 854.47 feet to a point for corner; 7'1-iENCE South continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 a distance of 883.64 feet to a point for corner, said point being the northwest corner of a City of Denton annexation tract established and described by Ordinance 2006-3b4; THENCE South continuing along the present Denton city limit line as established and described in annexation Ordinance 2006-364 a distance of I,371.66 feet to a point for corner, said point being the southwest corner of a City of Denton annexation tract established and described by Ordinance 2006-364 and also lying on the north line of a� City of Denton annexation tract established and described by 4rdinance 1985-23; Tf-IENCB South 89° 02' 33" West continuing along the present Denton city limit line as established and described in annexation Ordinance 1986-23 a distance of 1,168 feet to a point for corner, said point being the northwest corner of said Ordinance 1986-23 annexation tract; � THENCE South 00° 49' 16" East continuing along the present Denton city limit line as established and described in annexation Ordinance ] 986-23 a distance af 9b9.60 feet to a point for corner, said point being the southwest corner of said Ordinan'ce 1986-23 annexation tract and lying on the a northerly line of a City of Denton annexation tract established and described by Ordinance 74-36 (Tract V}; Annexation Tract PAA2 (Page �4 of 5) THENCE North S$° 50' West continuing along the present Denton city limit fine as established and described in annexation Ordinance 74-36 (Tract V) a distance of 1,905 feet to a point for corner, said point being on the west line of a 60.474 acre tract of Iand described in deed recorded under lnstrument Number 2008-132154; Real Property Records, Denton County, Texas; THENCE North 2° 14' S0" East, along the west line of said 60.474 acre tract a distance of 923 feet to the northwest corner of the said b0.474 acre tract to a point for corner; THENCE South 87° 54' 20" East, along the north line of said 6Q.474 acre tract a distance of 507 feet to a point for corner, said point being the southwest corner of a 40.24 acre tract of land described in deed recorded under Instrument Number 2003-207507, Real Property Records, Denton County, Texas ; THENCE North 00° 20' 00" West along the west ]ine of said 4Q.24 acre tract a distance of 2,280.05 feet to a point at the northwest corner of said tract and in the center of Masch �ranch Road; TH�NCE North a distance of 25 feet to a point for corner, said point being the intersection of the implied east right-of-way line of a north/south section of Masch Branch Road and the implied north right-of-way line of an east/section of Masch Branch Road; THENC� northerly along the courses and distances of the implied east right-af-way Iine oFMasch Branch Road a tota] distance of 5,545 feet to a point for corner, said p�int being on the southwest corner of a 4.99$ acre tract described in City of Denton Ordinance 2001-318 (Krum/Denton Mutual Boundary Agreement (Exhibit A(Tract 4))); THENCE South $9° 53' 33" East, along the present Krum/Denton Future Mutual , Boundary Line referenced in City ofDenton Ordinance 200]-318, a distance of418.50 feet to a point for a corner; THENCB North 00° 16' 13" West, along the present Krum/Denton Future Mutuaf Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 520.80 feet to a point for corner, said point being the northeast corner of the property described in Ordinance 2001-318 (Exhibit A(Tract 4)) and the southeast corner of the property described in Ordinance 2001-318 (Exhibit A(Tract 3)); THENCE North 00° 09' O1" West, along the present Krum/Denton Future Mutual Boundary Line referenced in City of Denton Ordinance 2d01-318, a distance of 745.53 feet to a point for a corner, said point being the northeast corner of the property describe@ in Ordinance 2001-3 ] 8(Exhibit A(Tract 3)) and Iocated on the south right-of-way line of F.M. 1173; Annexation Tract PAA2 (Page 5 of 5) THENCB easterly along course and distances of the south right-of-way line of F.M. 1173, a total distance of 4,385 feet to the POINT OF BEGINNING and containing 1,�80 acres of land. Exhibit B �, %'�j �i , ,, 1 1; PAA-2 Exhibit "C" 1. Being the East part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 7.47 acres of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated April 14, 2009 from Jess Elrod and Sheryl Elrod to Wolfgang Skledar and Astrid Skledar, filed for record on April 17, 2009 and recorded in Instrument Number 2009-45939 of the Real Property Records of Denton County, Texas, Said East part of Tract 30, Little Brook Estates, Unit No.2, is commonly known as DCAD Property ID 61196. 2. Being Tract 8, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, and being 16 acres situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and described in that certain Warranty Deed with Vendor's Lien dated January 11, 1980 from Leiland Woodrow Killian to Malcom C. Ellison and wife, Linda Ellison, filed for record on January 15, 1980 and recorded in Volume 996, Page 731 of the Real Property Records of Denton County, Texas. Said Tract 8, Little Brook Estates, is commonly known as DCAD Property ID 61084. 3. Being Tract 21, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, containing 14.947 acres of land, more or less, situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, more fully described in that certain Warranty Deed with Vendor's Lien dated August 6, 1997 from Jimmy T. Simpson and Waunzita Simpson to Larry A. Green and Shirley N. Green, filed for record on August 13, 1997 and recorded in Instrument Number 97-R0055506 of the Real Property Records of Denton County, Texas. Said Tract 21, Little Brook Estates, is commonly known as DCAD Property ID 61103. 4. Being 75.492 acres of land, more or less, situated in the Robert Whitlock Survey, Abstract No. 1403, the N. Wade Survey, Abstract No. 1407 and the B.B.B, & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas, more fully described in Parcel I of that Special Warranty Deed dated November 21, 2012, from Richard A. Harris, Jr. to Robert W. Harris Heritage Trust, filed for record on December 10, 2012 and recorded in Instrument Number 2012- 139301 of the Real Property Records of Denton County, Texas, commonly known as DCAD Property ID 39150 and DCAD Property ID 36979. 5. Being 11.615 acres of land, more or less, situated in the N, Wade Survey, Abstract No. 1407 and the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas, more fully described in Parcel I, Parcel II and Parcel III of that Special Warranty Deed dated November 21, 2012, from Richard A. Harris, Jr. to Robert Woodson Harris, filed for record on December 10, 2012 and recorded in Instrument Number 2012-139304 of the Real Property Records of Denton County, Texas, commonly known as DCAD Property ID 563771. 6. Being a called 1.2763 acre tract of land, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas. Said 1.2763 acre tract of land being that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and outside the city limits, of a called 7.937 acre tract of land described in that Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. to Robert W. Harris, filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043112 of the Real Property Records of Denton County, Texas. Said 1.2763 acre tract of land, more or less, is commonly known as DCAD Property ID 168120. 7. Being 21.77 acres of land, more or less, situated in the Robert Whitlock Survey, Abstract No. 1403, Denton County, Texas, more fully described in Parcel I of that Correction Special Warranty Deed dated April 17, 2013, from Robert W. Harris, as Trustee of the Robert W. Harris Heritage Trust to Richard A. Harris, Jr, Heritage Trust, filed for record on April 18, 2013 and recorded in Instrument Number 2013-46302 of the Real Property Records of Denton County, Texas. Said 21.77 acre tract of land is commonly known as that portion of DCAD Property ID 391471ying west of the Railroad. 8. Being 129.005 acres of land, more or less, situated in the Robert Whitlock Survey, Abstract No. 1403, the N. Wade Survey, Abstract No. 1407 and the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas, more fully described in Parcel II and Parcel III of that Correction Special Warranty Deed dated April 17, 2013, from Robert W. Harris, as Trustee of the Robert W. Harris Heritage Trust to Richard A. Harris, Jr. Heritage Trust, filed for record on April 18, 2013 and recorded in Instrument Number 2013-46302 of the Real Property Records of Denton County, Texas, leaving what is commonly known as that portion of DCAD Property ID 39147 lying east of the Railroad, DCAD Property ID 131799, DCAD Property ID 131807 and DCAD Property ID 38d82. 9. Being 33.417 acres of land, more or less, situated in the Robert Whitlock Survey, Abstract No. 1403, Denton County, Texas, more fully described in Parcel III of that Special Warranty Deed dated November 21, 2012, from Robert Woodson Harris to Richard A. Harris, Jr., filed for record on December 10, 2012 and recorded in Instrument Number 2012-139302 of the Real Property Records of Denton County, Texas. Said 33.417 acre tract of land is commonly known as DCAD PropeNty ID 561904. 10, Being 13.071 acres of land, more or less, situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and the N. Wade Survey, Abstract No. 1407, Denton County, Texas, more fully described in Warranty Deed dated July 2, 1993, from Robert W. Harris to Richard A. Harris, Jr., filed for record on July 2, 1993 and recorded in Instrument Number 93-R004311 of the Real Property Records of Denton County, Texas and more commonly known as DCAD Property ID 563771 and that portion lying within the existing city limits, a called 0.25 tract of land commonly known as DCAD Property ID 168119. 11. Being 95.584 acres of land, more or less, situated in the S. Huizar Survey, Abstract No. 514, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated December 12, 2003 from Tony A. Riley to John Karvouniaris, filed for record on December 30, 2003 and recorded in Instrument Number 2003-207512 of the Real Property Records of Denton County, Texas. Said 95.584 acres of land, more or less, is commonly known as DCAD Property ID No. 60817. 12. Being 40.24 acres of land, more or less, situated in the S. D. Huizar Survey, Abstract No. 514, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated December 12, 2003 from David M. Riley and wife, S. Lynn Riley to John Karvouniaris, filed for record on December 30, 2003 and recorded in Instrument Number 2003-207507 of the Real Property Records of Denton County, Texas. Said 40.24 acres of land, more or less, is commonly known as DCAD Property ID 60816 and DCAD Property ID 177285, respectively. 13. Being the East 12.00 acres, more or less, of Tract 10, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in Tract III of that certain Special Warranty Deed with Encumbrance for Owelty of Partition dated May 19, 2008 from Sandra Sue Naus to Steven C. Naus, filed for record on June 10, 2008 and recorded in Instrument Number 2008-63618 of the Real Property Records of Denton County, Texas. Said East 12.00 acres, more or less, of Tract 10, Little Brook Estates, is commonly known as DCAD Property ID 61161. 14. Being Tract 14, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and conveyed by that certain Warranty Deed with Vendor's Lien dated October 6, 2000 from Latham F. Jones, Jr. to Philip S. Neeley and Krista A. Neeley, husband and wife, filed for record on October 17, 2000 and recorded in Volume 4697, Page 1337 of the Real Property Records of Denton County, Texas. Said Tract 14, Little Brook Estates, is commonly known as DCAD Property ID 61133. 15. Being Tract 17, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 19, 1979 from F.T.B. Building Corporation to Douglas K. Taylor and wife, Patsy R. Taylor, filed for record on December 19, 1979 and recorded in Volume 992, Page 728 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: A 1.0 acre tract of land, more or less, described in Volume 1099, Page 113 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78105. A 1.0 acre tract of land, more or less, described in Volume 1119, Page 492 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78103. Those two 1.0 acre tracts of land, more or less, described in Volume 1124, Page 298 of the Real Property Records of Denton County, Texas. Said 2.0 acres, more or less, is commonly known as DCAD Property ID 78102. A 1.0 acre tract of land, more or less, described in Volume 1128, Page 994 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78104. A 1.0 acre tract of land, more or less, described in Volume 1128, Page 998 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78101. A 5.0 acre tract of land, more or less, described in Volume 1171, Page 409 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78099. A 1.0 acre tract of land, more or less, described in Volume 4897, Page 4300 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 241409. The remaining Northeast 4.0 acres of Tract 17, Little Brook Estates, is commonly known as DCAD Property ID 61091. 16. Being Tract 29, Little Brook Estates, Unit No.2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and being all of that lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated August 6, 1992 from Billy Jack Maupin and wife, Carolyn Maupin to William E. Watson Jr. and wife, Rose E. Watson, filed for record on August 10, 1992 and recorded in Volume 3295, Page 510 of the Real Property Records of Denton County, Texas. Said Tract 29, Little Brook Estates, Unit No.2, is commonly known as DCAD Property ID 61090. 17. Being the West part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 7.5236 acres of land, more or less, situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated January 23, 1986 from Benjamin I;oyd Smith and wife, Siddle Smith to Loyd Ronald Smith and wife, Linda Dianne Smith, filed for record on February 10, 1986 and recorded in Volume 1818, Page 858 of the Real Property Records of Denton County, Texas. Said West part of Tract 30, Little Brook Estates, Unit No.2, is commonly known as DCAD Property ID 61200. 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.