2018-013S:\Legal\Our pocuments\Ordinances\17\A17-0005 Ordinance,docx
ORDINANCE NO. 20 � 8-013
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, VOLUNTARILY ANNEXING
APPROXIMATELY 73.47 ACRES OF LAND, GENERALLY LOCATED NORTH OF LrJNG
ROAD AND WEST OF F.M. 428 BY THE CITY OF DENTON, DENTON COUNTY, TEXAS,
MOt'ZE SPECIFICALLY DESCRIBED IN EXHIBIT "A" AND ILLUSTRATED IN EXHIBIT
"B", PROVIDING FOR A CORRECTION TO THE CITY MAP TO 1NCLUDE THE ANNEXED
LANDS; PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (A17-0005)
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Texas 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, The applicant, Brent L. Murphree, on behalf of the property owner, David
Kuhlken, submitted a petition for annexation to annex a tract of land situated in the Victor Ende
Gailer Survey, Abstract Number 452 and the H. B. Williams Survey, Abstract No. 1417, in Denton
County, Texas and more particularly described in C+���td���i � attached hereto and incorporated
herein (collectively, the "Property"); and
WHEREAS, on February 21, 2017, the City Council adopted Ordinance 2017-071 to
provide for Periphery Development Annexation Criteria in order to define and clarify when a
property in the City's Extra-territorial Jurisdiction (ETJ) should be considered for annexation
through enumerated criteria; and
WHEREAS, The property owner consents to the annexation and the Property qualifies
under these criteria as it will require connection to City public services and the Property is located
within the City's CCN boundary for water, wastewater, and electric service; and
WHEREAS, two public hearings were held with the City Council on October 17, 2017 and
October 24, 2017, which were noticed in accordance with Section 43.063 of the Texas Local
Government Code; 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 full municipal services to such area; and
WHEREAS, annexation proceedings were instituted for the property described herein and the
first reading of the ordinance was conducted at the City Council meeting on November 7, 2017; and
WHEREAS, this ordinance has been published in full one time in the official newspaper of
the City of Denton after annexation proceedings were instituted and thirty days prior to City Council
taking final action, as required by the City Charter; and
WHEREAS, the Denton City Council hereby deems it to be in the best interests of the citizens
of the City of Denton to pursue annexation of the Properties and to set public hearings in this matter
for this purpose; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
5:\Legal\Our pocuments\Ordinances\17\A17-0005 Ordinance.docx
SECTION 1. The land described and depicted in Exhibit "A" and Exhibit `B", attached
hereto and incorporated herein by reference, is annexed into the City of Denton, Texas.
SECTION 2. A service plan prepared in accordance with applicable provisions of state law
pertaining to annexation is attached hereto as Exhibit "C" and made a part hereof for all intents and
purposes.
SECTION 3. The newly annexed property shall be included within the corporate limits of the
City of Denton, Texas, thereby extending the City's corporate limits and granting to all 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.
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,
SECTION 5. 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„_6. This ordinance shall be effective immediately upon its passage,
PASSED AND APPROVED this the � day c���� ���, 2018.
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CHRIS ATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
AS ���� LEGAL FORM:
�t�����1` LEAL, INTERIM CITY ATTORNEY
BY: �,..�` � �
BEING a tract of land situated in the Victor Ende Gailer Survey, Abstract No. 452 and the H. B.
Williams Survey, Abstract No. 1417, Denton County, Texas, and being a portion of a called
236.129-acre tract of land, conveyed to Preston Alpha Investments, LLC, as evidenced in a
Special Warranty Deed, recorded in Instrument No. 2013-124673 of the Official Records of
Denton County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a corner in the centerline of F. M. 428 (Sherman Drive), a called 100-foot wide
right of way, same being the southeast corner of a 50-foot wide easement for highway purposes
to the State of Texas, recorded in Volume 237, Page 569 of the Deed Records of Denton County,
Texas;
THENCE North 89°03'27" West, departing the centerline of said F. M. 428 (Sherman Drive),
passing at a distance of 58.16 feet, the westerly line of the easement to the State of Texas defining
said F. M. 428 (Sherman Drive), the southeast corner of said 236.129-acre tract and the northeast
corner of C. H. Collins Athletic Complex, an addition to the City of Denton, Texas, according to
the Final Plat, recorded in Cabinet U, Page 583 of the Plat Records of Denton County, Texas,
continuing along the southerly line of said 236.129-acre tract, the northerly line of said C. H.
Collins Athletic Complex, recorded in Cabinet U, Page 583, the northerly line of C. H. Collins
Athletic Complex, an addition to the City of Denton, Texas, according to the Final Plat, recorded
in Cabinet V, Page 353 of the Plat Records of Denton County, Texas, and along the northerly
right of way line of Long Road, a variable width right of way, a total distance of 581.63 feet to a
corner on the current city limit line of the City of Denton, and being the POINT OF BEGINNING
of the herein described tract;
THENCE North 89°03'27" West, continuing along the southerly line of said 236.129-acre tract and
the northerly line of said C. H. Collins Athletic Complex, recorded in Cabinet U, Page 583, the
northerly line of said C. H. Collins Athletic Complex, recorded in Cabinet V, Page 353, the
northerly right of way line of Long Road, a variable width right of way, and along the city limit line
of the City of Denton, a distance of 2,345.36 feet to a corner;
THENCE North 00°48'40" East, departing the southerly line of said 236.129-acre tract, the
northerly line of said C. H. Collins Athletic Complex, recorded in Cabinet V, Page 353, the
northerly right of way line of Long Road, and the city limit line of the City of Denton, crossing said
236.129'-acre tract, a distance of 598.08 feet to a corner on the southerly line of a 75-foot wide
electric transmission line easement, recorded in Volume 1172, Page 252 of the Deed Records of
Denton County, Texas;
THENCE South 88°31'47" East, continuing across said 236.129-acre tract and along the southerly
line of said 75-foot wide electric transmission line easement, a distance of 521.74 feet to an angle
point;
THENCE South 84°55'27" East, continuing across said 236.129-acre tract and continuing along
the southerly line of said 75-foot wide electric transmission line easement, a distance of 65.00
feet to a corner;
THENCE North 02°21'47" East, departing the southerly line of said 75-foot wide electric
transmission line easement and crossing said 236.129-acre tract, a distance of 746.18 feet to a
corner on a northerly line of said 236,129-acre tract, same being on the southerly line of a called
283.73-acre tract of land, conveyed to Elk River-Poquero, L.P., as evidenced in a Special
Warranty Deed, recorded in Instrument No. 2005-41091 of the Official Records of Denton County,
from said point, a 1/2-iron rod found at a fence corner post for the southwest corner of said 283,73-
acre tract, bears North 88°42'13" West, a distance of 65.00 feet, said point also being on the
current city limit line of the City of Denton;
THENCE South 88°42'13" East, along a northerly line of said 236.129-acre tract, the southerly
line of said 283.73-acre tract, the southerly line of a called 100.000-acre tract of land, conveyed
to the Denton Independent School District, as evidenced in a Special Warranty Deed, recorded
in Instrument No. 2009-108521 of the Official Records of Denton County, Texas, and along the
city limit line of the City of Denton, passing at a distance of 1,974.14 feet, a 1/2-inch iron rod with
a yellow cap, stamped "METROPLEX 1849" found for the southwest corner of said 100,000-acre
tract, continuing for a total distance of 2,525.59 feet to an angle point af said city limit line;
THENCE South 31°39'S6" West, departing the northerly line of said 236.129-acre tract, crossing
said 236.129-acre tract and continuing along the current city limit line of the City of Denton, a
distance of 1,534.28 feet to the POINT OF BEGINNING and containing 73.47 acres (3,200,266
square feet) of land, more or less.
�� � ,
Mi hael B. Ma ��
Registered Professional Land Surveyor No. 5181
Kimley-Horn and Associates, Ina
5750 Genesis Court, Suite 200
Frisco, Texas 75034
Ph. 972-335-3580 _
michael.marx@kimley-horn.com
Firm No. 10193822
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Exhibit C
CITY OF DENTON SERVICE PLAN
A17-0005 Stark Farms Annexation
I. AREA ANNEXED
The area to be annexed is one tract of land, specifically land located north of Long Road and west
of F.M. 428. This site is depicted in the attached location map along with a general description of
the 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 PROPER'�"'�t" OWNER TAX SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the area 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. Specia! 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 area. 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, sufiicient fre 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, �re protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C. ��������M �e��� ��c����tl �c���vi��
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation area. 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 (EM5) 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, sufiicient 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.
Upan 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 rnethods 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
The proposed annexation area is located 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 annexation area is located 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 developrnent 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 rnade 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 area 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 deiined
by the ordinance and/or as established by the City Council.
Any construction or reconstruction will be considered within the annexation area
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
conforrnance 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. �k�a�rw��� �1��� �����°���an���� �v��i��a���r�uir�u:w ������1«a
Residents within the area annexed rnay 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 area, additional park and recreation facilities
shall be constructed based on park policies deiined in the Park Master Plan and as
specified in the Park Dedication and Development Ordinance. The general planned
locations and classifcations of parks will ultimately serve residents from the
current City limits and residents from areas being considered for annexation.
I. i�"a��N��i�� ����a�c� [��a��N��ii��,�
C�
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.
Jy 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. UNIFORM LEVEL OF SERVICES I� 1'�i�".I�" �N�1�� ������11�C:��
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 arnend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
Exhibit A
Legel Description
BEING a tract of land situated in the Victor Ende Gailer Survey, Abstract No. 452 and the H. B.
Williams Survey, Abstract No. 1417, Denton County, Texas, and being a portion of a called
236.129-acre 4ract of land, conveyed to Preston Alpha Investments, LLC, as evidenced in a
Special Warranty Deed, recorded in Instrument No. 2013-124673 of the Official Records of
Denton County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a corner in the centerline of F. M. 426 (Sherman Drive), a called 100-foo4 wide
righ4 of way, same being the southeast corner of a 50-foot wide easemen4 for highway purposes
to the State af Texas, recorded in Volume 237, Page 569 of the Deed Records of Denton County,
Texas;
THENCE Narth 89°03'27" Wes4, departing the centerllne of said F. M. 428 (Sherman Drive),
passing at a distance of 58.16 feet, the westerly line of 4he easement to the State of Texas defining
said F. M. 428 (Sherman Drive), the southeast comer of said 236.129-acre tract and the northeast
corner of C. H. Collins Athletic Complex, an addition to the City of Denton, Texas, according to
the Final Plat, recorded in Cabinet U, Page 583 of the Plat Records of Denton County, Texas,
��r�kinuing �tl�M�g the �a�Grthertly I�ne of s�G�� 236.1 ��-��r+� tract, the northerly line of said C. H.
�aklins Athl�tic� Com��l���„ rer���ed in C�;r�inet U, ���a�� �83, the northerly line of C. H. Collins
Athletic Complex, an addition to 4he City of Denton, Texas, according to the Final Plat, recorded
in Cabinet V, Page 353 of the Plat Records of Denton County, 7exas, end along the northerly
right of way line of Long ����c!', a vari�taY� r,�q��th ¢'���ot of r�«a�yv a total dis4ance of 58�.�� i�tat to a
comer on the current city tl6t�nwC line of lk�wr� �aly of I��r�tona ��°�r� being the POINT OF h�'�C�IriIN�ING
of the herein described tract;
THENCE North 89°03'27" West, continuing along the southerly line of said 238.129-acre tract and
the northerly line of said C. H, Collins Athletic Complex, recorded in Cabinet U, Page 583, the
northerly line of said C. H. Collins Athletic Com�lr;�, recorded in Cabinet V, Page 353, the
northerly right of way line of Long Road, a variable �+�t��h right of way, and along the city limit line
of the City of Denton, a distance of 2,345.36 feet to a comer;
THENCE North 00°48'40" Eas4, departing the southerly Ilne of said 236.129-acre trac4, the
nor����rq� B�r�� of said �. ��b. �'�itlid�+� �S�B�&�CI�� Co�o���6��, ���c����� 'Ir� C,�G�'d���6 V, �'���� �53„ �he
nor�C�B����rly rxc�N��t of way I��� �f ��ar�� &�c���, ��d �he �o4y NBrre�G�� V1n� rrf t����� C�it,q� ��' ��m��r���p� ��r���ing �u�Vd
23�.°����rv�r�r� tract, a e1��4���r,�: e�9 ����C�� ����t to ��t�rru�r �r� �B�a�r ��>u�N��r�y d'���� cs� ��am�'�ot w�i�ie
electric transmission line easement, recorded in Volume 1172, Page 252 of the Deed Records of
Denton County, Texas;
THENCE South 68°31'47" East, continuing across said 236.129-acre tract and along the southerly
line of said 75-foot wide electrlc 4ransmission line easement, a distance of 521.74 feet to an angle
poin4;
THENCE South 84°55'27" East, continuing across said 236.129-acre tract and continuing along
the southerly line of said 75-foot wide electric transmission line easemen4, a distance of 65.00
feet ta a comer,
THENCE North 02°21'47" East, departing the southerly line of said 75-foot wide electric
4ransmission line easement and crossing said 236.129-acre 4ract, a distance of 746.18 feet to a
�c�r��a�s� �rro � w�acri°�k��rMy 16n� +�� ����� ��C�.�G�,���r�� �r��Uy ���c� k��l�r� �� t�ro� �s�all�C�a��sy N6�r� �C � ���1��
���.Y;���r�r� tu`�c! caF tl�crc&v c�a�v�y�r� E:� �IP� f�iv�r-�a�q�a�rts, I�.F"., a� ��^I����c�c� f�w �����i�l
'�"���r�rrt� C�����w ra��ca���d V�7 In���r��n�w�r�� 6��a. ��4i���� ���1 ��' kl�� ���ic�4�B @����ac�� ra� C�����ror� ��u�a�t��",
frarr� ���9d �a���r�� � 1P�"�}r�r� �d ����s�ua� �t �� ��r��r� ��rr��� �a�a�� �aa� Ih�w s�s���iq�wwu�����a����N�° �����d�i �����'l�m�
7
ecre tract, bears North 88°42'13" West, a distance of 85.00 feet, said point also being on the
current city limit line of the City of Denton;
THENCE South 86°42'13° East, along a northerly line of said 236.129-acre tract, the southerly
Ifn� �� �a�c� 28�.'��Ha��� ��`�a�:�„ �N^�� �outherly B�'rrs� �f a called 10�.k���-acre t^r�c� of ��a�b�, �csr����ed
to ��u� R���Qon Irer�����r�r�'�nro� ��k��c>I Dlstrict, �s r�rotidenced in a����6a1 W�����ty ��c�a�, ������'ed
In Instrument No. 2009-108521 of the Officlal Records of Denton County, Texas, and along the
cl�y BG�ii Rw��a of tF�� G�4�,� of ��d�i���, �r�s�siN°�,� �t� ��il���rdc� �� 1,�"����n��4 ��1�� �:� �I�-Y��r�tw 6r°�r� Ars��� with
a y��Il��+ c:��, s1�rn��� °°M�T��i''��.�. 10'�fl" ��arrn� �ar if�+�a r�or�t9�w�st c�sr��u�r �T ���r� �#�1��.U�Y��acre
tr�c�, ��sa�fNd�o,�in�� t`a�n� � t��taU rldr���� �f 2,��C�.?�°� ��:���.t ti� �� �una,�l�� ��int r�F ���Ea�� �dk� �'�a��i�� lira�r�
THENCE South 31°3S'S6" West, departing the northerly line of said 236.129-acre trect, crossing
sald 236.129-acre tract and contlnuing along the current city limit line of the City of Denton, a
distance of 1,534.28 feet to the POINT OF BEGINNING and containing 73.47 acres (3,200,268
aquare feet) of land, more or less.
�.��.��_._._._ �� ��.._.�.
Mi hael B. Ma
Registered Professlonal Land Surveyor No. 5181
Klmley-Horn and Associates, Inc.
5750 Oenesis Court, Suite 200
Frlsco, Texas 75034
Ph. 972-335-3580
michael. marx@kimley-horn.com
Firm No. 10193622
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