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2016-159s:\legal\jade planning and zoning folders�2016.009 voluntary annexation from naa 2016\paa-4 annexing parcel ordinance_jade_040716.doc ORDINANCE NO. �� '� AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS AREA PAA-4 OF APPROXIMATELY 853.6143 ACRES LOCATED ON THE SOUTH SIDE OF MILAM ROAD; NORTH OF LOOP 288; EAST OF I- 35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS AD�ACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, T��S; �TENDING THE CITY LIMITS SO AS TO 1NCLUDE THE PROPERTY WITHIN THE CITY LIMITS; GRANTING TO ALL THE 1NHABITANTS OF THE PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS, AND BINDING THE 1NHABITANTS TO ALL OF THE ORDINANCES, RESOLUTIONS, ACTS, AND REGULATIONS OF THE CITY; PROVIDING 1NCLUSION OF A SERVICE PLAN; PROVIDING FOR 1NSTRUCTIONS FOR FILING THIS ORDINANCE AND CORRECTION OF THE OFFICIAL CITY MAP; PROVIDING SEVERABILITY AND CONFLICT CLAUSES; 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 under Tex. Loc. Gov't Code Sec. 43.052(h); and WHEREAS, in 2010 and 2015, the City annexed portions of the area known as PAA-4, an axea of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, and is more particularly described in �+r��l�it �i and generally depicted in the map in �a��r�i l�, both of which are attached hereto and incorporated herein (in the event that there is a conflict, Exhibit A controls); and WHEREAS, there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the PAA-4 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, have been had in accordance with applicable law; and WHEREAS, the City held two public hearings for annexation on March 1, 2016 and March 3, 2016 pursuant to State law, and two readings of this annexation Ordinance in accordance with the requirements of the Denton City Charter on April 5, 2016 and May 10, 2016; 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 s:\legal\jade planning and zoning folders�2016.009 voluntary annexation from naa 2016\paa-4 annexing parcel ordinanceJade_040716.doc 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 WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by �Ftgi"ble property owners within PAA-4; and WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in areas annexed under this Ordinance, or in areas subject to non-annexation agreements within PAA-4 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 annexation agreement annexation; and land which is adjacent or contiguous to an area subject to a non- ; considered adjacent or contiguous to the City for purposes of 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 PAA-4 as described herein; 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 City hereby ANNEXES the area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAA-4, as described in �ka��i��.� A�t�� 1�, save and except for those properties which are subject to certain non- annexation agreements, executed by property owners within PAA-4 and previously approved by the City, said properties being described in l+ � k��l�it �� attached hereto, and any property within PAA-4 that has already been annexed in previous years. SECTION 3. The newly annexed properties shall be included within the corporate limits of the City of Denton, Texas, thereby extending the City's corporate limits and granting to all the inhabitants of the newly annexed property all of the rights and privileges of other citizens and binding the inhabitants to all of the ordinances, resolutions, acts, and regulations of the City. A copy of this Ordinance shall be filed in the real property records of the Denton County Clerk and with the Denton County Appraisal District. Page 2 ' s:Uegal\jade planning and zoning folders�2016.009 voluntary annexation from naa 2016\paa-4 annexing parcel ordinance_jade_040716.doc SECTIONm 4. 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 5. The City Manager is hereby authorized and directed to immediately correct the map of the City of D�utau by adding thereto the additional territory annexed by this Ordinance, indicating on�t'he Tnap'f'h� clate of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. ' SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the City relating to approval of any non-annexation agreement associated with properties contained within PAA-4 or the previous legal annexation of properties existing in PAA-4. SECTION 8. This Ordinance shall be become effective upon final passage by the City Council, and it is accordingly so ordained. PASSED AND APPROVED this the �� m day of �" �°� �� „� �,m , 2016. m � � � � �,� ____ �� _�� a� � ��—� � � .m C°C:��a "�r� N'"I `�, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY �, � ,� o �� .. BY: � � �� . �: � , �°.. ��.......�. .� ��J'1 "� k:-�� -, T0 LEGAL FORM: JENNIFER W. DECURTIS, DEPUTY CITY ATTORNEY I:i Page 3 EXHIBIT A Annexation Tract PAA4 BEGINNING at point in the present Denton city limit line as established by Ordinance 2008- 137; said point being northwest corner of the annexation tract described therein and also lying on the south right-of-way line of F.M. 3163 (Milam Road) 2008-137; THENCE South O1°08'35" West continuing along the present Denton city limit line established by Ordinance 2008- 137 a distance of 2,996.05 feet to point for corner, said point being the southwest corner of the annexation tract described therein; THENCE South 89°10'00" East continuing along the present Denton city limit line established by Ordinance 2008- 137 a distance of 2,457.02 feet to point for corner, said point being the most northerly shouthwest corner of a City of Denton annexation tract established and described by Ordinance 2007-077 (Tract 1); THENCE South 88°54'04" East continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 1) a distance of 197.47 feet to a point for a corner; THENCE South 02°28'S5" East continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 1) a distance of 965.89 feet to a point for a corner; THENCE South O1°00'33" East continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 1) a distance of 539.43 feet to a point for a corner; THENCE South 00°04' 12" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 1) a distance of 2,649.30 feet to a point for a corner; THENCE South 00°26' 12" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 1) a distance of 668.18 feet to a point for a corner, said point being a southwest corner of said Ordinance 2007-077 (Tract 1) annexation tract and lying on the north line of a City of Denton annexation tract established by Ordinance 1985-151; THENCE North 89°11'35" West continuing along the present Denton city limit line established by Ordinance 1985- 151 a distance of 575 feet to a point for corner, said point being the northwest corner of said Ordinance 1985-151 annexation tract and also being the northeast corner of a City of Denton annexation tract established by Ordinance 2007-077 (Tract 2); THENCE North 89°32'4" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 2,128.41 feet to a point for a corner; THENCE South 00°03'28" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 26.07 feet to a point for a corner; THENCE North 89°32'32" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 972.02 feet to a point for a corner; THENCE South Ol°35'23" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 1,003.38 feet to a point for a corner; THENCE South O1 °34'OS" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 932.20 feet to a point for a corner; THENCE South 88°29' 12" East continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 1,541.64 feet to a point for a corner; THENCE 00°56'25" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 185.30 feet to a point for a corner; THENCE South 88°09'02" East continuing along the preser�t Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 498.78 feet to a point for a corner, said point being a southeast corner of said Ordinance 2007-077 (Tract 2) annexation tract and also lying on a west line of a City of Denton annexation tract established by Ordinance 2002-257; THENCE South O1°06'36" West continuing along the present Denton city limit line established by Ordinance 2002- 257 a distance of 6 feet to a point for a corner; THENCE North 88°31'42" West continuing along the present Denton city limit line established by Ordinance 2002- 257 a distance of 624.97 feet to a point for a corner; THENCE South 02°02'28" West continuing along the present Denton city limit line established by Ordinance 2002- 257 a distance of 40 feet to a point for a corner, said point being the northwest corner of a City of Denton annexation tract established by Ordinance 2007-077 (Tract 3); THENCE South 00°23'04" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 3) a distance of 1,765.70 feet to a point for a corner, said point being the southwest corner said 2007-077 (Tract 3) annexation tract and also being on the east right-of-way line of Bonnie Brae Road and being the northwest corner of a City of Denton annexation tract established by Ordinance 1980- 026; THENCE South 00°12' 13" West continuing along the present Denton city limit line established by Ordinance 1980- 23 a distance of 450 feet to a point for a corner, said point being the northeast corner of a City of Denton annexation tract established by Ordinance 1982-4; THENCE North 89°04'24" West continuing along the present Denton city limit line established by Ordinance 1982- 4 a distance of 1,791.93 feet to a point for a corner; THENCE North 58°21'24" West continuing along the present Denton city limit line established by Ordinance 1982- 4 a distance of 926 feet to a point for a corner, said point being the southeast corner of a City of Denton annexation tract established by Ordinance 1986-6; THENCE North 00°25'S9" East continuing along the present Denton city lirnit line established by Ordinance 1986- 6 a distance of 1,845.44 feet to a point for a corner; THENCE North 00°22'28" East continuing along the present Denton city limit line established by Ordinance 1986- 6 a distance of 506.6 feet to a point for a corner; THENCE South 89°27'00" East continuing along the present Denton city limit line established by Ordinance 1986- 6 a distance of 1,033.4 feet to a point for a corner; THENCE North 00°22'27" East continuing along the present Denton city limit line established by Ordinance 1986- 6 a distance of 564.11 feet to a point for a corner; THENCE North 89°31'39" West continuing along the present Denton city limit line established by Ordinance 1986- 6 a distance of 2,485.31 feet to a point for a corner, said point being the northeast corner of a City of Denton annexation tract established by Ordinance 1998-224; T N U C 7 O m Q a EXHIBIT "C" 1. Being Lot 4, Block B, Milam Creek Ranch, Phase I, an Addition in Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed dated March 5, 2008 from Curtis N. Hughes and wife, Sheila J. Hughes to Daniel Arnoldy and Cindy Arnoldy, filed for record on March 13, 2008 and recorded in Instrument Number 2008-26880 of the Real Property Records of Denton County, Texas. Said Lot 4, Block B, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188372. 2. Being an 18-acre tract in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas and recorded in Volume 515, Page 227, of the Real Property Records of Denton County, Texas, together with that certain tract of land described by deed to J. F. Baker, and recorded in Volume 527, Page 225, Real Property Records of Denton County, Texas. 3. Being Lot 16, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed dated May 21, 2007 from Hicks Family Trust, formerly New Britain Investments Co. to Alatzas Family Limited Partnership, filed for record on May 25, 2007 and recorded in Instrument Number 2007-61424 of the Real Property Records of Denton County, Texas. Said Lot 16, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202616. 4. Being Lot 2, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed with Vendor's Lien dated September 24, 2001 from Craig A. Turner and Beverly Turner to Albert J. Belanger and wife, Susan K. Belanger, filed for record on September 26, 2001 and recorded in Volume 4930, Page 2235 of the Real Property Records of Denton County, Texas. Said Lot 2, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188366; and Being Lot 3, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated October 8, 2002 from Brian D, Calkins and wife, Stephanie A. Calkins to Albert J. Belanger and wife, Susan K. Belanger, filed for record on October 10, 2002 and recorded in Volume 5189, Page 3302 of the Real Property Records of Denton County, Texas. Said Lot 3, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188367. 5. Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated Apri126, 1965 from David Mulkey to Jerry C. Caldwell, filed for record on May 10, 1965 and recorded in Volume 523, Page 97 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID No. 37451. 6. Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with Vendor's Lien dated Apri122, 1965 David Mulkey to Willie F. Carter, filed for record on April 27, 1965 and recorded in Volume 522, Page 556 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID 37446. 7. Being 2.00 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Gift Warranty Deed of Correction dated May 2, 2000 from Reba M. Carter to Shawn P. Carter and wife, Lisa M. Carter, filed for record on May 2, 2000 and recorded in Volume 4580, Page 795 of the Real Property Records of Denton County, Texas. Said 2.00 acres of land, more or less, is commonly known as DCAD Property ID 219639. 8. Being 1.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Shawn Paul Carter, filed for record on December 30, 2009 and recorded in Instrument Number 2009-147764 of the Real Property Records of Denton County, Texas. Said 1.706 acres of land, more or less, is commonly known as DCAD Property ID 334526. 9. Being 1.346 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Bent Eldon Carter, filed for record on December 30, 2009 and recorded in Instrument Number 2009-147763 of the Real Property Records of Denton County, Texas. Said 1.346 acres of land, more or less, is commonly known as DCAD Property ID 334527. 10. Being 2.360 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 20, 1997 from Reba M. Carter to Bent E. Carter and Margie M. Carter, husband and wife, filed for record on June 20, 1997 and recorded in Instrument Number 97-R0041516 of the Real Property Records of Denton County, Texas, Said 2.360 acres of land, more or less, is commonly known as DCAD Property ID 191283. 11. Being Lot 10,. Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated December 30, 2008 from Daniel A. Cooper and wife, Amy D, Cooper to Ozzie Chapa and Linda Genneken Chapa, filed for record on December 31, 2008 and recorded in Instrument Number 2008-137843 of the Real Property Records of Denton County, Texas. Said Lot 10, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Properry ID No. 202610. 12. That property described in a deed to John Chutkowski which is recorded at 97-R0003249, Real Property Records of Denton County, Texas, and commonly known as DCAD Property ID 37476. 13. Being 10 acres of 1and, more or less, situated in the John Ayres Survey, Abstract No. 2, Denton County, Texas, and being more fully described in Tract 8 of that certain Special Warranty Deed dated June 1, 2006 from William A. Crawford, aka W.A. Crawford and Wm. A. Crawford and Gladys H. Crawford, aka Gladys Crawford, Individually and in all representative capacities to William A. Crawford and Gladys H. Crawford, Trustees of the William A. Crawford and Gladys H. Crawford Revocable Living Trust, dated December 30, 1992, filed for record on June 5, 2006 and recorded in Instrument Number 2006-66861 of the Real Property Records of Denton County, Texas. Said 10 acres of land, more or less, is commonly known as DCAD Property ID 37070. 14. Being 10.80 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated June 27, 2005 from Rayburn K. Pierce to Alfred A. Croix and Bernice L. Croix, filed for record on June 29, 2005 and recorded in Instrument Number 2005-78217 of the Real Property Records of Denton County, Texas. Said 10.80 acres of land, more or less, is commonly known as DCAD Property ID 37481 and DCAD Property ID 215322, respectively. 15. Being 12.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 18, 1981 from John Porter and wife, Margaret Porter to William M, Meaney and wife, Jane C. Meaney, filed for record on November 19, 1981 and recorded in Volume 1113, Page 51 of the Real Property Records of Denton County, Texas. Said 12.000 acres of land, more or less, is commonly known as DCAD Property ID No. 73546. 16. Being 10.00 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated June 25, 2004 from John Squire and wife, LeAnn Squire to David M. Eberhardt, filed for record on July 1, 2004 and recorded in Instrument Number 2004-87180 of the Real Property Records of Denton County, Texas. Said 10.00 acres of land, more or less, is commonly known as DCAD Property ID 37475. 17. Being 44.823 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Correction Warranty Deed dated June 15, 1963 from Emil M. Schertz, a/k/a E. M. Schertz, and wife, Lydia Schertz to Mrs. Ruby Finch filed for record on August 12, 1963 and recorded in Volume 497, Page 547 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch, Jr. to Michael Joe Schertz and wife, Amy Beth Schertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton County, Texas. Said 10,050 acres of land, more or less, is commonly known as DCAD Property ID No, 244900. Additionally SAVE & EXCEPT: 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 28, 2004 from Mrs. Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument Number 2004-141689 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID No. 273044. The remaining 29.772 acres, more or less, is commonly known as DCAD Property ID No. 37729. 18, Being a 2.862 acres of land, more or less, situated in the J. Stewart Survey, Abstract Number 1150, Denton County, Texas, a portion of that certain tract of land described by deed to Jesse F. Baker, as recorded in Volume 515, Page 227, of the Real Property Records of Denton County, Texas 19. Being 3.736 acres of land, more or less, situated in the J. McNeill Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 19, 1970 from Freddy McConnell and wife, Barbara McConnell to Kenneth W. Hatridge and wife, Glenda J. Hatridge, filed fox record on February 27, 1970 and recorded in Volume 599, Page 9 of the Real Property Records of Denton County, Texas. Said 3.736 acres of land, more or less, is commonly known as DCAD Property ID 37429. 20. Being 6.43 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty with Vendor's Lien dated June 29, 2009 from James Dale McKnight and Donna Joy O'Dell to Derek Hook and wife, Cindy Hook, filed for record on July 2, 2009 and recorded in Instrument Number 2009-80411 of the Real Property Records of Denton County, Texas. Said 6.43 acres of land, more or less, is commonly known as DCAD Properry ID 37458 and DCAD Property ID 37466, respectively. 21. Being Lot 1, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated March 7, 2002 from William M. Jefferys and wife, Suzy Jeffreys to Dean Donald Konz and wife, Tammy Lee Konz, filed for record on March 14, 2002 and recorded in Volume 5043, Page 1224 of the Real Property Records of Denton County, Texas. Said 1, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188365. 22. Being 87.452 acres of land, more or less, situated in the John McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described on Page 485 of that certain Special Warranty Deed dated December 8, 1989 from J& L Partners, acting by and through its manager, L& J Management Corporation, and its partners Josephine Hughes Sterling and Lewis R. Cauble to Rancho Vista Development Company, filed for record on December 11, 1989 and recorded in Volume 2695, Page 465 of the Real Property Records of Denton County, Texas. Said 87.452 acre tract, is commonly known as DCAD Properry ID 37420. 23. Being 2.25 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 21, 2004 from Homer S. Schertz, a/k/a Sam Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Danny M. Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; and Carolyn Schertz Mallard, as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust to Carolyn Schertz Mallard, filed for record on July 7, 2004 and recorded in Instrument Nurnber 2004-89327 of the Real Property Records of Denton County, Texas. Said 2.25 acres of land, more or less, is commonly known as DCAD Property ID 270748. 24. Being 3.297 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated June 20, 1988 from H. L. Swann, Jr. and wife, Evelyn June Swann to John Allen Peppler and wife, Lavena Grace Peppler, filed for record on June 21, 1988 and recorded in Volume 2398, Page 768 of the Real Property Records of Denton County, Texas. Said 3.297 acres of land, more or less, is commonly known as DCAD Property ID No. 37444. 25. Lot 4, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 284 of the Plat Records of Denton County, Texas, and being conveyed in that certain Warranty Deed with Vendor's Lien dated August 28, 2009 from Don A. Hall and wife, Kim B. Hall to Michael G. Meeker and wife, Gail K. Meeker, filed for record on September l, 2009 and recorded in Instrument Number 2009-105749 of the Real Property Records of Denton County, Texas. Said Lot 4, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID 188368. 26. Being 3.241 acres of land, rnore or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Executrix's Deed dated November 10, 1998 from Lavena Swann Peppler, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppler, filed for record on November 13, 1998 and recorded in Volume 4218, Page 2672 of the Real Property Records of Denton County, Texas. Said 3.241 acres of land, more or less, is commonly known as DCAD Property ID No. 37439. 27. Being 3.299 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Executrix's Deed dated November 10, 1998 from Lavena Swann Peppler, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppler as Trustee of the Evelyn J. Swann Testamentary Trust, filed for record on Novernber 13, 1998 and recorded in Volurne 4218, Page 2669 of the Real Property Records of Denton County, Texas. Said 3.299 acres of land, more or less, is commonly known as DCAD Property ID No. 38256. 28. Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 8, 1967 from Thurston A. Webb to Johnnie H. Landers, filed for record on August 14, 1967 and recorded in Volume 554, Page 650 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID No. 3 7449. 29. Being 9.773 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated March 10, 1992 from James A. Grider and spouse, Barbara Grider to Raymond D. Roberts, Sr. and spouse, Linda Mae Roberts, filed for record on March 13, 1992 and recorded in Volume 3179, Page 273 of the Real Property Records of Denton County, Texas. Said 9.773 acres of land, more or less, is commonly known as DCAD Properry ID No. 37431, DCAD Property ID No. 37432 and DCAD Property ID No. 37434, respectively. 30. Being 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch, Jr. to Michael Joe Schertz and wife, Amy Beth Schertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton County, Texas. Said 10,050 acres of land, more or less, is commonly known as DCAD Property ID No. 244900. 31. Being 13.96 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, 2002 from Jessie Schertz to Homer Samuel Schertz, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3323 of the Real Property Records of Denton County, Texas. Said 13.96 acres of land, more or less, is commonly known as DCAD Property ID No. 247041. 32. Being 8.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, 2002 from Jessie Schertz to Carolyn Schertz Mallard, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3330 of the Real Property Records of Denton County, Texas. Said 8.00 acres of land, more or less, is commonly known as DCAD Property ID 247043. 33. Being 9.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, 2002 from Jessie Schertz to Danny Schertz, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3333 of the Real Property Records of Denton County, Texas. Said 9.00 acres of land, more or less, is commonly known as DCAD Property ID No. 247044; and Being 0.79 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 21, 2004 from Homer S. Schertz, a/k/a Sam Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Danny M. Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; and Carolyn Schertz Mallard Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust to Danny M. Schertz, filed for record on July 7, 2004 and recorded in Instrument Number 2004-89328 of the Real Property Records of Denton County, Texas. Said 0.79 acres of land, more or less, is commonly known as DCAD Property ID No. 37731. 34. Being 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 28, 2004 from Mrs. Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument Number 2004-141689 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID No. 273044. 35. Being 11.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, 2002 from Jessie Schertz to Ricky Schertz, iiled for record on October 15, 2002 and recorded in Volume 5192, Page 3327 of the Real Property Records of Denton County, Texas. Said 11.00 acres of land, more or less, is commonly known as DCAD Property ID No. 247042. 36. Being Lot 5, Block B, Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated October 26, 2001 from PFS Development Corporation to Susanne Holmgreen Seals and husband, Richard Donovan Seals, filed for record on October 29, 2001 and recorded in Volume 4953, Page 2205 of the Real Property Records of Denton County, Texas. Said Lot 5, Block B, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202618. 37. Being 7.287 acres of land, more or less, situated in the J, McNeil Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated August 1, 2005 from Layne Brewer a/k/a Layne J. Brewer and wife, Laura Brewer a/k/a Laura J. Brewer to Randal E. Smith and wife, Nancy L. Smith, filed for record on August 8, 2005 and recorded in Instrument Number 2005-97613 of the Real Property Records of Denton County, Texas. Said 7.287 acres of land, more or less, is commonly known as DCAD Property ID No. 173437 and DCAD Properry ID No. 37426, respectively. 38. Being 3.690 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 19, 1970 from Freddy McConnell and wife, Barbara McConnell to Kenneth W. Stewart and wife, Delma F. Stewart, filed for record on February 27, 1970 and recorded in Volume 599, Page 7 of the Real Property Records of Denton County, Texas. Said 3.690 acres of land, more or less, is commonly known as DCAD Property ID 37428. 39. (1) That 19.23 acres of land, more or less, described in a certain Deed, dated on or about January 12, 1996, from the Veteran's Land Board of the State of Texas to James E. West, and recorded as document number 003 867 of the Real Property Records of Denton County, Texas; LESS and EXCEPT that 1.00 acres of homestead property located within said 19.23 acre parcel, that was previously conveyed or assigned to James E. West as a fractional severance, recorded as document number 15408 of the Real Property Records of Denton County, Texas, and which is commonly identified as Denton Central Appraisal District tax ID 37478; (2) That 1.507 acres of land conveyed by Warranty Deed, dated on or about July 12, 1965, from David Mulkey to James E. West, and recorded in Volume 533, Page 115 of the Real Property Records of Denton County, Texas; 40. Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 23, 1965 from David Mulkey to C. L. Yeatts, filed for record on February 7, 1966 and recorded in Volume 534, Page 171 of the Real Property Records of Denton County, Texas. Said 1.98 acres of land, more or less, is commonly known as DCAD Property ID No. 37462; and Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the First Tract of that certain Warranty Deed with Vendor's Lien dated August 3, 1965 from David Mulkey to C. L. Yeatts, filed for record on August 13, 1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.98 acres of land, more or less, is commonly known as DCAD Properry ID No. 37459; and Being 1.998 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with Vendor's Lien dated August 3, 1965 from David Mulkey to C. L. Yeatts, filed for record on August 13, 1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.998 acres of land, more or less, is commonly known as DCAD Property ID No. 37460. 41. Being Lot 9, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed dated March 30, 2001 from PFS Development Corporation to Don Aaron Yeatts and wife, Emily Jane Yeatts, filed for record on April 5, 2001 and recorded in Volume 4810, Page 2067 of the Real Property Records of Denton County, Texas. Said Lot 9, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202609. EXHIBIT D CITY OF DENTON SERVICE PLAN ANNEXATION TRACT PAA4 I. AREA ANNEXED The area to be annexed includes land generally identified as area PAA4 of approximately 853.6143 acres located on the south side of Milam Road; north of Loop 288; and east of I-35. 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. ,�1� "'��1��1��;@Vi ��C.��'1+�F�`i'i�" (�'��'�[�� "M"�:"� �i+��.�'��"�g;� 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) iire 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) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. 2 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 The PAA4 annexation area is 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). 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 3 consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. �� "C��u ��sm�� '��ri�� x �'��1:� Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 0 I. ��'r��i�� )wr��a! ��"��,��ai�i�� 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. IV. iJN�FnRM LEVEL OF SERVICES IS NnT RF,nUIRED 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. 5